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(영문) 서울중앙지방법원 2020.11.13 2020나34324
손해배상(기)
Text

All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiffs are the owners of DNAS G80 Motor Vehicles (hereinafter “Plaintiff Motor Vehicles”), and the Defendant is the insurer who concluded the comprehensive motor vehicle insurance contract with respect to the E Motor Vehicles (hereinafter “Defendant Motor Vehicles”).

B. On December 31, 2018, around 08:50 on December 31, 2018, the Plaintiff’s vehicle that caused the instant accident was driven in the F apartment parking lot located in the Busan F Apartment-gu Busan, and there was an accident of collision with the Defendant’s vehicle in transit.

(hereinafter referred to as “instant accident”). C.

(2) On September 26, 2019, the Defendant paid KRW 4,263,750 equivalent to 75% of the repair cost of the Plaintiff’s vehicle as insurance money.

【Fact-finding without dispute over the ground for recognition, Gap evidence 1 through 4, Eul evidence 1 through 4, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion by the parties is the main part of the plaintiff's vehicle due to the accident of this case

Since a significant damage was inflicted on alley and outer plate, and the vehicle's appraisal has decreased accordingly, the defendant is liable to compensate the plaintiff for the damage caused by the price decline, and the price decline amount is the main result of the appraisal by the appraiser of the first instance trial.

It argues that exchange value decline by the Alley and the Outboard Panel should be KRW 1,700,000,000.

In this regard, the defendant does not have an accident where the main structural part of the accident in this case is destroyed, and thus, the plaintiff's vehicle is restored to its original state without any accident.

(b) In the event that a motor vehicle due to a decline in exchange value causes serious damage to the main structural frame of the engine or body due to an accident, it is impossible to accept the motor vehicle, even if technically feasible repairs are completed, to restore the motor vehicle to its original state, unless there are special circumstances.

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