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(영문) 서울중앙지방법원 2020.10.28 2019나81157
손해배상(기)
Text

1. All appeals by plaintiffs C and the defendant and incidental appeals by plaintiffs D are dismissed.

2. Costs of appeal.

Reasons

1. Basic facts

A. The Plaintiffs are the owners of vehicles listed in the attached Table.

The defendant is an insurer who has concluded a comprehensive motor vehicle insurance contract with respect to the sea-going vehicles that caused each traffic accident listed in the attached Table (hereinafter referred to as the "accident").

B. The Plaintiffs’ vehicles were destroyed by the instant accident and received repair as shown in the attached Table.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers for those with a satisfy number), the 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 a case, whether an accident with serious damage to the degree of potential disability exists shall be determined objectively and reasonably in accordance with the transaction 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 annual formula and mileage of the automobile; the ratio of the repair cost to the value of the automobile at the time of the accident; and (e) whether the repair was made to the degree of repair to be recorded in the performance and condition inspection register of used cars; and (e) whether there was a repair to the extent that the accident

(see, e.g., Supreme Court Decision 2016Da248806, May 17, 2017). B.

The history of the instant accident, including the details of the instant accident, the damaged part, the exhaust and mileage of the vehicle, the parts and methods of repair, the standard price, and the repair cost, as revealed by the evidence revealed prior to the occurrence of the liability for damages, shall be recorded in the record of inspection of the performance and condition of the used vehicle.

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