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(영문) 울산지방법원 2017.01.25 2016나23168
손해배상(자)
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. Basic facts

A. At around 11:30 on March 27, 2016, the Plaintiff: (a) operated a BPosing vehicle owned by the Plaintiff (hereinafter “Plaintiff”) at the Skis Intersection, Nam-gu, Ulsan-gu, Ulsan-gu, the Defendant’s insured vehicle (hereinafter “Defendant vehicle”) overtakened the center line to make a left-hand turn; and (b) collisioned the Plaintiff’s vehicle.

(hereinafter “instant accident”). (b)

The Plaintiff’s vehicle completed the repair of the left-hand cover, the cover, the left-hand cover, etc. due to the instant accident, and the Defendant paid the insurance money of KRW 10,736,000 at the repair cost of the said vehicle.

C. In the instant accident, the negligence of the Defendant vehicle is 100%.

On the other hand, the Plaintiff’s vehicle is a vehicle that was released and registered on June 13, 2013, and has four accidents prior to the instant accident, and the repair cost of KRW 3,114,01 was required for that accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 29, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. Even if repair is completed on the part of the Plaintiff’s damaged part of the Plaintiff’s vehicle due to the instant accident, there remain remaining parts for which repair is impossible, and it can be sufficiently predicted that the value of the Plaintiff’s vehicle would be reduced in light of the damaged part and the repair cost. Therefore, the Defendant is obliged to pay to the Plaintiff KRW 3,072,683 in total, KRW 275,000 in exchange value of the Plaintiff’s vehicle due to the instant accident, KRW 2,797,683 in exchange value reduction, KRW 275,00 in the cost of issuing the assessment

B. The Defendant’s assertion 1) In relation to automobile cleaning damage under attached Table 2(6) of the Standard Terms and Conditions for Automobile Comprehensive Insurance, the Plaintiff’s vehicle recognizes and pays part of the repair cost in the case of a vehicle for which two years or less have passed after its release as damages. However, at the time of the instant accident, the Plaintiff’s vehicle is a vehicle with two and nine months elapsed after its release and is not subject to the automobile price decline damage. 2) Also, the repair of the Plaintiff’s vehicle is left-hand.

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