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(영문) 서울중앙지방법원 2020.04.08 2019나42015
손해배상(기)
Text

1. Of the judgment of the court of first instance, KRW 2,933,00 against the Plaintiff and the Plaintiff’s objection thereto from May 16, 2019 to April 8, 2020.

Reasons

1. Basic facts

A. The Plaintiff is the owner of C vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to D vehicle (hereinafter “Defendant vehicle”).

B. Around 13:10 on May 9, 2018, the driver of the Defendant vehicle, while driving the Defendant vehicle and driving the Gyeongdong-dong-gu in the Gyeonggi-si, conflict with the front part of the Plaintiff vehicle stopping for the signal atmosphere.

(hereinafter referred to as “instant accident”). C.

Plaintiff

Vehicles have been destroyed by the instant accident by a quota panel, a string, a string, a string, a string, and a strings panel, a levir, a leviral, and a strings panel, and the egrings panel were required to be repaired in KRW 9,139,484.

Plaintiff

The initial registration date of the vehicle shall be October 29, 2015, and the odometer at the time of the instant accident shall be 39,936 km.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. In the event of an accident that causes serious damage to the main structural part of a motor vehicle due to the destruction of the main structural part of the relevant legal doctrine, barring any special circumstance, deeming that even if the repair is technically feasible, the repair impossible parts remain, barring any special circumstance, should be in accord with the empirical rule to deem that the said parts remain. The damage resulting from the decline in the price of the motor vehicle falls

In such cases, whether an accident with serious damage to the degree of potential disability exists shall be determined objectively and reasonably in accordance with trade norms and empirical rules, comprehensively taking into account the following: (a) details and degree of the accident; (b) the parts and seriousness of the damage; (c) the repair method; (d) the rate of repair cost to the value of the automobile at the time of the accident; and (e) whether there was repair to the degree of damage to be entered in the register of performance and condition of a used motor vehicle; and (e) whether there was a repair to the degree of damage to the records of the accident.

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