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(영문) 서울중앙지방법원 2020.07.08 2019나82686
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport:

Reasons

1. Basic facts

A. The Plaintiff is the owner of a passenger car indicated in the column of “automobile” as indicated below (hereinafter “instant vehicle”), and is a person who suffered damage of the instant vehicle due to a traffic accident indicated in the column of “accident” as indicated below.

There is no dispute between the parties on the date and time of the first registration of the automobile accident registration number of the owner, and the ratio of the fault of the vehicle in the place.

Contents: The instant vehicle that was parked by Plaintiff CMohaf, May 12, 2017, on April 24, 2018, with 100% of the red lived-ro 100% of the red lived-ro, which was launched at the same time on April 24, 2018.

B. The Defendant paid the Plaintiff insurance money for the damage of the instant vehicle as the insurer who entered into a comprehensive automobile insurance contract with respect to the instant vehicle for the instant accident. The said insurance money includes KRW 3,300,000 in the name of the damage caused by the decline in the market price of the instant vehicle calculated in accordance with the Defendant’s automobile insurance clause.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, and 3, Gap evidence 1, Gap evidence 4, the purport of the whole pleadings

2. The assertion and judgment

A. Due to the Plaintiff’s assertion, the instant vehicle suffered serious damage, such as major structural damage, etc., and thereby making it impossible to restore the said vehicle to its original state, even after completion of its technically possible repair. Accordingly, the damages caused by the vehicle price decline (so-called “satise damage”), which led to KRW 6,140,000.

Therefore, the Defendant, who is the insurer of the household vehicle, is obliged to pay the Plaintiff the remainder of KRW 2,840,000 (=6,140,000 - 3,300,000), excluding the remainder of KRW 3,300,000, as compensation for the decline damage of the instant vehicle.

(b) When an article is damaged due to a tort committed by one of the liability for damages resulting from a decline in exchange value, the amount of ordinary damages shall be the cost of repair if it is possible to repair it, and the value of exchange if it is impossible to repair it, after repair it;

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