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(영문) 서울중앙지방법원 2017.10.20 2017나38333
손해배상(자)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The fact of recognition is that the Plaintiff is an owner of 50% shares in B vehicles (hereinafter “Plaintiff vehicles”) and the Defendant is a mutual aid association that entered into a motor vehicle mutual aid agreement with C vehicles (hereinafter “Defendant vehicles”).

On July 11, 2015, the driver of the Defendant vehicle driven the Defendant vehicle at around 23:00, while proceeding from the five-lanes to the sub-IC room on the sub-sections of the sub-sections of the sub-sections to the sub-sections on the sub-sections on the sub-sections on the sub-sections on the sub-sections on the sub-sections on the sub-section

As a result of the instant accident, the Plaintiff was repaired due to the damage of the Plaintiff’s Fglon Panel, the Fgreger, the members with a set, the members with a set, and the members with a set, and the Defendant paid KRW 5,570,000 at the repair cost of the Plaintiff’s vehicle on August 2, 2016.

[Reasons for Recognition] Evidence Nos. 1, 3 through 5, Evidence No. 1, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s vehicle cannot be completely restored to its original condition even after the repair due to the major structural damage caused by the instant accident, and thereby, the Plaintiff sustained damages equivalent to KRW 2,97,493 of the decline in the exchange value of the Plaintiff’s vehicle.

B. Defendant 1) The Plaintiff’s vehicle is entirely repaired and does not have any further damage, and there is no reason to deem that the Defendant either knew or could have known of the damage caused by special circumstances, and thus, there is no obligation to compensate for the loss caused by fall. (2) The Defendant’s automobile insurance clause provides that the Plaintiff’s vehicle insurance is paid only for the loss caused by fall short of the market price of a vehicle for not more than 2 years after delivery, and the Plaintiff’s vehicle exceeds 2 years from the date of delivery at the time of the instant accident, and thus

3. Determination

(a)in the event that any relevant legal motor vehicle causes serious damage to the major frameworks of the engine or body due to an accident, such as the appearance of the motor vehicle or the normal operation of the motor vehicle, it shall be repaired and shall be functionally restored for the operation of the motor vehicle;

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