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(영문) 서울고등법원 2017.11.24 2017나2003701
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order shall be revoked.

Reasons

1. Basic facts

A. The parties’ relevant Plaintiff E is the owner of 50% shares of AD U.S. 1 (hereinafter “Plaintiff E”) and Plaintiff H is the owner of the AE E E E E E E E vehicle (hereinafter “Plaintiff H vehicle”). The Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to AFC owned vehicles and Plaintiff H vehicles.

B. Around 19:08 on February 9, 2014, the above AFC-owned vehicles shocked Plaintiff E-vehicle near the Suwondong Station in Gangnam-gu Seoul, Seoul, and due to that, the Plaintiff E-vehicle was damaged and repaired the outer plates and major structural parts of the Plaintiff E-owned vehicles, such as the glater, members with a string, sads, fishing, and intersads panel. In relation to the said accident, the Defendant paid the insurance proceeds of KRW 8,181,10 in total, and KRW 7,224,770 in the vehicle repair cost, and KRW 956,340 in indirect damage. 2) On June 27, 2013, the Plaintiff H repaired repaired the external plates and major structural parts of the string, such as the string, string, string, string, and string.

In relation to the above accident, the defendant paid the insurance money of KRW 20,284,550 with the vehicle repair cost and the rent of KRW 18,264,50 with the market price decline cost and KRW 2,020,050 with the insurance money of KRW 20,284,550.

C. On November 9, 2017, AG, the owner of the remainder of 50% share of Plaintiff E vehicle related to Plaintiff E, transferred the damage claim against the Defendant to Plaintiff E (hereinafter “instant transfer of claim”). The notice of assignment of claim to the effect that the said claim is transferred reaches the Defendant on November 9, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 5-1 through 3, Gap evidence 8-1 through 3, Gap evidence 43, 44-1, Eul evidence 1-5 and 8, the result of appraisal of appraiser AH by this court, the purport of the whole pleadings

2. The main points of the cause of the claim are that the vehicle is unable to completely recover before the accident after the repair of the vehicle due to the damage to the external plate and major structural frame of the vehicle due to the accident.

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