(영문) 인천지방법원 2016.01.21 2015나12383

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(영문) 인천지방법원 2016.01.21 2015나12383

손해배상(자)

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1. Revocation of a judgment of the first instance;

2. From June 8, 2015 to January 21, 2016, the Defendant’s KRW 5,421,860 to the Plaintiff and its related costs.

Reasons

1. Basic facts

A. On September 29, 2014, the Plaintiff was driving a B-TopM vehicle owned by the Plaintiff (hereinafter “Plaintiff”). At the time, the Plaintiff’s vehicle operated by C on the rear side of the Plaintiff’s vehicle (hereinafter “the instant wing vehicle”) caused a string trend, resulting in an accident in which the Plaintiff’s vehicle parked in the front and rear (hereinafter “instant accident”).

B. As a result of the instant accident, the Plaintiff’s vehicle was repaired 41 work, such as the exchange of the flart pans, the exchange of left-hand fences, the left-hand flocks, the left-hand flocks, the exchange of flocks, the exchange of flocks, the exchange of flocks, the exchange of container Denmark, the correction of flocks, and the replacement of 58 parts, and the Defendant, the insurer of the instant flocks, paid this amount.

C. The Plaintiff’s vehicle is the vehicle released on June 28, 2012, and the price at the time of delivery was approximately KRW 33,744,00 (including value-added tax).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of whole pleadings

2. According to the facts of recognition as above, the Defendant, as the insurer of the instant sea vehicle, is obligated to compensate the Plaintiff for the damages incurred due to the instant accident.

3. Scope of liability for damages

A. Although the physical and technical repair of the Plaintiff’s vehicle was completed due to the instant accident, the physical and technical repair of the Plaintiff’s vehicle remains, such as the contacter station, etc., the performance and durability of the vehicle was reduced, and the use period was reduced, and the pertinent market price decline in KRW 5,421,860 due to the instant accident, the said market price decline should also be recognized as damages caused by the instant accident.

B. The damages incurred in the event of the damage of a motor vehicle due to a tort by the relevant legal doctrine.

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