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(영문) 대구지방법원 2018.08.16 2017나308048
손해배상(자)
Text

1. According to the expansion of the purport of the claim by this court, the judgment of the first instance is modified as follows.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is the owner of BMW 528i vehicle (hereinafter “Plaintiff-motor vehicle”).

B. On November 15, 2016, the driver of a vehicle that entered into a comprehensive automobile insurance contract with the Defendant (hereinafter “Defendant vehicle”) caused an accident (hereinafter “instant accident”) that caused the Plaintiff’s failure to perform his/her duty to stop in the vicinity of the Daegu Suwon-gu, Daegu-gu, and caused the Plaintiff’s vehicle, which was under stop due to negligence while by neglecting his/her duty to stop in the direction (hereinafter “instant accident”).

C. As a result of the instant accident, the parts on the rear left side of the Plaintiff’s vehicle were destroyed and repaired to replace the Liend Panel, Libyer, Trier, Tridge, Tridge, and Tridge, etc., and the Defendant paid the Plaintiff a total of KRW 15,317,349, supra.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the cause of the claim

(a) The occurrence of liability for damages (i.e., the occurrence of an accident that causes serious damage to the engine or body’s main structural frame, etc., due to an accident, occurs when it is difficult to deem that the automobile completely restored to its original condition even if it has been repaired and has completed functional or technical restoration for the operation of the engine or body;

This is because, depending on the degree of accidents, damaged parts, etc., there is a possibility that any defect in the use or disability remaining, such as decrease in corrosion or corrosion that absorbs the external shock even after repair, decrease in the period of use due to the weakening of the strength of the vehicle, the production of corrosion or noise and vibration on the repair part, etc., or decrease in the rate of occurrence of failure, etc.

Therefore, in the event of an accident that causes serious damage to the main structural part of a motor vehicle due to damage to the main structural part of the motor vehicle, the restoration should not be made even if it is technically possible, unless there are special circumstances.

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