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(영문) 인천지방법원 2019.11.21 2018가단33700
대물보상금
Text

1. The Defendant: KRW 3,231,924 to the Plaintiff and the Plaintiff’s 5% per annum from December 15, 2018 to November 21, 2019.

Reasons

1. Facts of recognition;

A. On September 6, 2018, at around 13:08, the Plaintiff came to conflict with the Hayang-si, which was going to turn to the left on the road near the Cheongyang-gun, and at the time, the Plaintiff was damaged (hereinafter “the instant accident”), and the Defendant was an insurance company that entered into an automobile insurance contract with the Hayang-gun driver.

B. The instant accident occurred due to the negligence of the driver of the vehicle who invaded the central line due to the negligence of the driver. At the time of the instant accident, the Plaintiff’s vehicle was equipped with a Kaud Aud system that the Plaintiff had installed. However, due to the instant accident, the Plaintiff’s vehicle was scrapped and discarded.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendant company is liable to compensate for the damages suffered by the plaintiff due to the accident in this case as an insurer of a sea-going vehicle.

On the other hand, in case where a secondhand car is damaged by another person's tort, the exchange price at the time of the accident shall, in principle, be determined at the price required for acquiring a vehicle, such as the same type of vehicle, type, shape, condition of use as well as mileage, etc., at the time of the accident (see, e.g., Supreme Court Decision 91Da5150, Jul. 12, 1991). As seen earlier, the Plaintiff was installed with a car audio system installed at the time of the accident, but the amount equivalent to the repair and official rent for this portion is not reflected in the general exchange price of the Plaintiff, and therefore, it would be consistent with the concept of fairness to include it in the scope of compensation in addition to the exchange price of the Plaintiff’s vehicle.

In full view of the purport of the entire pleadings as a result of appraiser D’s appraisal, the exchange price of the instant vehicle at the time of the instant accident is KRW 1,830,000, and the instant case.

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