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(영문) 서울중앙지방법원 2020.12.09 2020나9052
손해배상(기)
Text

All appeals filed by both the plaintiff and the defendant are dismissed.

Expenses for appeal shall be borne individually by each person.

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

Reasons

1. Basic facts

A. The Plaintiff is the owner of CPomera 4 vehicle (hereinafter “Plaintiff vehicle”) and the Defendant is the insurer who entered into an automobile insurance contract with D vehicle (hereinafter “Defendant vehicle”).

B. The Plaintiff’s vehicle was first registered under the Automobile Management Act on January 20, 2011.

C. On November 12, 2018, around 94 months after the date of the registration of the Plaintiff’s vehicle, around 15:00, the Defendant’s vehicle was involved in an accident where the Defendant’s vehicle shocked the Plaintiff’s vehicle (hereinafter “instant accident”), and the instant accident was entirely caused by the negligence of the Defendant’s vehicle.

Plaintiff

Vehicles have been damaged by the accident in front of the driver's seat, fishing, and filterer, etc. due to the accident in this case, and they have been exchanged with the front fence of the driver's seat and fishing with the driver's seat, and the driver's board, seal and other repairs at the sub-party branch of E Co., Ltd. (hereinafter referred to as the "repair in this case"), and the total of 10,078,465 won was required at the repair cost.

E. On March 22, 2019, the Defendant paid a total of KRW 13,407,300, including the Plaintiff’s repair cost of the Plaintiff’s vehicle, KRW 10,050,00, and KRW 3,09,600, but did not compensate the Plaintiff for the decline in the market price of the Plaintiff’s vehicle separately.

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

2. The parties' assertion

A. The accident in this case occurred due to the destruction of major structural parts of the Plaintiff’s vehicle due to the destruction of major structural parts, etc., and the result of the appraisal by the appraiser in the first instance court is reasonable, and thus, the Defendant, the insurer of the Defendant’s vehicle, is liable to pay the entire amount of damages appraised in the first instance trial to the Plaintiff as insurance

B. In light of the degree of deterioration of the Plaintiff’s vehicle and the history of the accident, the Plaintiff’s vehicle was restored to its original state immediately before the occurrence of the accident due to the instant repair.

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