(영문) 부산지방법원 2016.08.26 2016나40467

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(영문) 부산지방법원 2016.08.26 2016나40467

손해배상(자)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is the owner of BP car (hereinafter “Plaintiff vehicle”), and the Defendant is the insurer who entered into a mutual aid agreement with the Defendant that compensates for damages arising from daily transportation and car accidents.

B. On February 15, 2015, around 00:40, the accident occurred, where C-si belonging to the daily transportation company violated the signal and shocking the side of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. Under the above mutual aid contract, the Defendant paid KRW 9,803,000 to the Plaintiff as repair cost.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 4, video, purport of whole pleading

2. The plaintiff's assertion and judgment as to the plaintiff

A. The Plaintiff’s assertion caused damages other than the repair cost to fall in the value of the Plaintiff’s vehicle in addition to the repair cost, and such damages constitute ordinary damages due to traffic accidents or special damages likely to fall under such special damages.

Therefore, the defendant is liable to compensate the plaintiff for 4.80,00 won (4.150,000 won for the decline in the middle and high-class market price and 3.3 million won for the issuance of vehicle appraisal report and vehicle engineer documents) and damages for delay.

B. The amount of damages when the goods were damaged due to a tort shall be the cost of repair if it is possible to repair them, and if it is impossible to repair them, the amount of reduced exchange value shall be the ordinary amount of damages. If parts are remaining after repair, the amount of reduced exchange value shall be the amount of damages in addition to the cost of repair where partial repair is impossible (see, e.g., Supreme Court Decision 2001Da52889, Nov. 13, 2001). However, there is an empirical rule that the amount of reduced exchange value at any time, other than the cost of repair, shall be subject to the reduction of reasonable exchange value

It can be seen that this damage can normally be predicted.

참조판례

-대법원 2001. 11. 13. 선고 2001다52889 판결

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