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(영문) 서울중앙지방법원 2020.05.27 2019나66509
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order shall be revoked.

Reasons

1. Basic facts

A. The Plaintiffs are the owners of each passenger vehicle listed in the column of the following table, who suffered damage to their own motor vehicles due to each traffic accident listed in the following table:

Plaintiff G (1) on July 27, 2018, 201. 15: 15:46 on August 17, 2018, 2018, 100% of the damaged vehicle in the Gangnam-gu 2 G (2nd 2nd 2nd 2nd 3nd 2nd 190,000 won at the time of the initial registration date of the owner’s automobile accident, in violation of Plaintiff G (1st 1st 2nd 2nd 2nd 2nd 1st 1st 1st 2018, Plaintiff BH (2nd 2nd ) BMW Act 3th 190,000 won on June 29, 2016, Plaintiff 10th 2nd 1st 01st 2nd 10,000 of the J-gu 1st 3nd 106th 16th 205. 16th 2018

B. The Defendant, as an insurer who entered into an insurance contract with respect to each of the above accidents, paid repair costs to the Plaintiffs. The Defendant paid KRW 2,450,000 to the Plaintiff, KRW 5,200 to the Plaintiff D, and KRW 5,800 to the Plaintiff E, respectively, due to the decline in the market price of the automobile.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 6 (including branch numbers; hereinafter the same shall apply), the result of the appraisal at the first instance court, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the plaintiffs' assertion in each of the accidents of this case led to serious damage to the major structural part of the plaintiffs' automobile, such as destruction of the main structural part of the automobile, which was technically possible, making it impossible to restore the automobile to its original state even after completion of its repair. Accordingly, the damages caused by the decline in the prices of the automobile (the "satise damage").

Therefore, the defendant shall compensate the plaintiff A for the amount of 5,400,000 won = 7,850,000 won.

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