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서울중앙지방법원 2020.09.08 2019나68031
손해배상(기)
Text

1. Of the judgment of the first instance, payment to the defendant in excess of the amount ordered below to be paid by the plaintiffs.

Reasons

1. Facts of recognition;

A. D Co., Ltd. (hereinafter “D”) and Plaintiff B are the owners of each of the motor vehicles listed in the column of the motor vehicles listed below (hereinafter “instant motor vehicles”) (hereinafter “each of the instant motor vehicles”) by combining them.

Each of the instant motor vehicles was destroyed by each traffic accident listed in the following table (hereinafter referred to as “instant accident” according to the relevant sequence, and in total, “each of the instant accidents” was destroyed.

On October 19, 2018, D, the owner of E-motor vehicle, transferred the right to claim damages to the Defendant to the Plaintiff Company A, and notified the Defendant of the transfer of claims by serving a copy of the complaint in this case.

(1) On December 28, 2017, the back portion of the damaged vehicle in the atmosphere of Eunpyeong-gu Seoul Metropolitan Government, on September 18, 2018, where the damaged vehicle, whose date and time, place, 1DMW 740LD 1D 94,519,740 won on May 25, 2016 at the time of the first registration date of the vehicle owner's accident, violated the signal and left-hand for the normal signal due to the driver's violation of the signal signal by the multi-party shield 2.0 Gaol 2.0,00 Gaol 2.5,573,650 won on June 24, 2014.

B. The Defendant is an insurer who has concluded an automobile insurance contract with respect to each of the instant accidents.

C. The Defendant paid the insurance money of KRW 4,304,300 as damages for the decline in the exchange value of the instant one vehicle due to the instant one accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5 evidence Nos. 2, 4, and 6 respectively, the result of the commission of appraisal to the appraiser H of the first instance court, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Due to the accident of this case alleged by the plaintiffs, each of the instant automobiles remains unreparable parts even after completion of technically possible repairs due to serious damage, such as damage to the main external panel, etc., which led to the failure to restore to its original state. Accordingly, the damage caused by the decline in the prices of automobiles (so-called 's decline damage').

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