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(영문) 서울중앙지방법원 2019.10.24 2019나14591
손해배상(자)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for the court's explanation concerning this case are as follows. The part concerning "the plaintiff's driver's license behind the defendant's vehicle" of the second half and nine pages of the judgment of the court of first instance is "the plaintiff's driver's license behind the defendant's vehicle", and the defendant's argument about the scope of liability for damages are as follows, except for supplement of the following decision, and thus, the court's determination is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[C] The Defendant asserts that even if it is difficult to see that the Plaintiff’s engine engine exhaust block was destroyed due to the instant accident, even if the engine exhaust block was damaged due to the instant accident, according to the result of the appraisal by the court appraiser at the first instance court, the adequate repair cost is KRW 9,500,000, and the business damage during the repair period is KRW 800,000 (i.e., reasonable repair period x 4 days x 200,000). Thus, the Defendant’s liability scope for damages is KRW 10,30,000 (=9,500,000).

First of all, in light of the results of the appraisal commission of appraiser H in the first instance court as to the repair cost portion and the purport of the entire pleadings, in the instant accident, the repair cost is 10,000,000 won in the case of replacing the damaged engine exhaust block with the engine that repaired the Plaintiff vehicle, and the repair cost is 14,50,000 won in the case of replacing the lost unit block, while the repair cost is 10 days in the case of replacing the lost unit block, while the repair cost is 14,50,000 won in the case of replacing the lost unit block, and 10 days in the repair period.

Meanwhile, taking account of the fact that the engine cell block is a part used permanently until scraping, barring special circumstances, such as an accident, and it is difficult to secure a high engine during the repair process, the Plaintiff’s vehicle repair cost of KRW 14,500,000 for the replacement cost of new products (= KRW 3,500,000 for the new product cell block of KRW 9,50,000 for the replacement cost of KRW 3,500 for the new product cell).

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