logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.10.22 2018가단5122697
손해배상(기)
Text

1. The defendant shall pay to the plaintiffs the amount corresponding to the "official fees" stated in the attached Table 2 and the corresponding amount.

Reasons

1. Facts of recognition;

A. In the attached Table 1, each motor vehicle stated in the “Plaintiff’s Vehicle” column was destroyed due to each traffic accident stated in the “traffic accident details” column in the attached Table 1, and the Defendant is the insurer who entered into an automobile insurance contract with respect to each of the respective traffic accidents.

B. The Plaintiffs are the owners of each motor vehicle indicated in the “Plaintiff’s Vehicle” column in attached Table 1.

(W) In the case of Nos. 5 and 6, Plaintiff D and E’s sharing). [Grounds for recognition] without dispute, Gap evidence Nos. 1 through 5 (including each number, hereinafter the same shall apply), Eul evidence No. 1, and the purport of the whole pleadings.

2. Determination on the cause of the claim

(a) When an article is damaged due to a tort committed by one of the parties liable for damages resulting from a decline in exchange value, the amount of ordinary damages is to be reduced if it is possible to repair, if it is impossible to repair it, or the exchange value is to be reduced if it is not possible to repair it, and, if part of it is impossible to repair it remains after repair, the amount of reduced exchange value due to impossibility

In the event of an accident causing serious damage to the main structural part of a motor vehicle due to the destruction of the main structural part of the motor vehicle, deeming that even if the repair is technically feasible, there exists no special circumstance, it would be consistent with the rule of experience to deem that there exists no repair impossible part to restore the motor vehicle to its original state, and thereby, the damage caused by the decline in the price

In such cases, whether an accident with serious damage to the degree of potential disability exists is determined by comprehensively taking into account the following factors: (a) details and degree of the accident; (b) the parts and seriousness of the accident; (c) the repair method; (d) the annual formula and mileage of the automobile at the time of the accident; and (e) the ratio of the repair cost to the value of the automobile at the time of the accident; and (e) whether there was an repair to the extent that the accident had been destroyed by the accident history.

arrow