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(영문) 대전지방법원 2018.02.21 2016나108067
손해배상(기)
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 1,936,300 as well as the full payment with respect thereto from January 15, 2018.

Reasons

1. Basic facts

A. On January 27, 2016, Nonparty B, who entered into an automobile insurance contract with the Defendant, caused a traffic accident (hereinafter “the instant accident”) that conceals the rear part of the DomW 640d car owned by the Plaintiff (hereinafter “Plaintiff”), which was parked in the signal signal line while driving a vehicle C (hereinafter “Defendant vehicle”) at the name of the Jeju Jeju-si Jeju-si Jeju-si Jeju-si Jeju-si Jeju-si Jeju-si Jeju-si Jeju-si Office street.

B. Due to the instant accident, the Plaintiff’s vehicle accepted the between Twitd (Exchange) and Liend Panel (Exchange).

C. The Defendant paid the Plaintiff KRW 18,663,00 in total with the repair cost of the Plaintiff’s vehicle (public works, parts), sirens, etc.

The accident of this case is 1,936,300 won that occurred on the Plaintiff’s vehicle.

[Ground of recognition] Unsatisfy, entry and video of Gap evidence 1 through 5, and 25, the result of appraisal by the party appraiser E, the purport of the whole pleadings

2. Determination as to the cause of claim

A. A. The summary of the cause of the claim brought down KRW 1,936,300 on the exchange value of the Plaintiff’s vehicle due to the instant accident.

The Defendant is obligated to pay the Plaintiff the above KRW 1,936,300 and the damages for delay due to the decline in exchange value due to the instant accident.

B. In the event that an article is damaged due to a tort, the amount of ordinary damages shall be the cost of repair if it is possible to repair the article, the amount of exchange value if it is impossible to repair the article, and the amount of exchange value reduced due to impossibility of repair in addition to the cost of repair where a part of repair remains after repair.

(see, e.g., Supreme Court Decisions 91Da28719, Feb. 11, 1992; 2001Da52889, Nov. 13, 2001). Meanwhile, in a case where a motor vehicle causes serious damage to the main structural part of the engine or body due to an accident, etc. of an engine or body, such repair shall be made functional and technical means for the operation of the engine’s external or ordinary skill.

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