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(영문) 서울북부지방법원 2015.07.14 2014나1841
손해배상
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On September 24, 2012, the Plaintiff, as the owner of Brando-si (hereinafter “instant vehicle”), was the first registered owner of the instant vehicle, and was driving the instant vehicle on January 23 and 15, 2013, while driving the said vehicle along one lane, the Defendant’s insured vehicle (hereinafter “Defendant vehicle”) driven along the two lanes, without turning the direction direction, etc. in order for the driver of the instant vehicle (hereinafter “Defendant vehicle”) to attempt illegal U-turns, caused a conflict between the front part of the instant vehicle on the left side of the Defendant vehicle (hereinafter “instant accident”).

B. As a result of the instant accident, the instant motor vehicle was destroyed to the extent of KRW 11,608,000 for repairing costs, such as the instant motor vehicle need to be replaced by both the left and right penter, the right strawer, the right hicker, the right hicker, and the right hicker.

C. The Defendant determined that the exchange value of the instant vehicle was reduced by KRW 1,741,00 according to the terms and conditions, and paid KRW 1,566,90, which applied the Defendant’s fault ratio of 90% to the Plaintiff, as damages for the decrease of exchange value.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 7, Eul evidence Nos. 1, 2 and 3, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion asserts that since the value of the automobile of this case decreased to 6.630,000 won due to the accident of this case, the defendant is liable for the above damages suffered by the plaintiff as an insurance company of defendant vehicle.

B. The amount of damages when the property owned is damaged due to the tort shall be the cost of repair if it is possible to repair it, and if it is impossible to repair it, the reduced value of exchange shall be the ordinary amount of damages, and if it remains impossible to repair it after repair, it shall be in addition to the cost of repair.

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