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(영문) 서울중앙지방법원 2019.05.22 2018나37702
손해배상(기)
Text

1. Of the judgment of the first instance, the part regarding the plaintiffs, including the plaintiffs' claims extended by this court, is as follows.

Reasons

1. Basic facts

A. The Plaintiffs, as the owners of each motor vehicle indicated in the separate sheet of accident, destroyed their own motor vehicles due to each traffic accident by the Defendant insured vehicle (the “accident site” indicated in the separate sheet of accident specifications) by the Defendant, which is the sea-going vehicle indicated in the “accident Number” column indicated in the separate sheet of accident specifications, (the “accident site” indicated in the separate sheet of accident specifications; and (hereinafter “each traffic accident of this case”).

B. The Defendant, as an insurer who entered into a comprehensive automobile insurance contract with the owner of each of the above damage vehicles, paid insurance proceeds for the damage of the damage vehicle.

C. In addition, on February 18, 2014, the Defendant paid KRW 1,005,000 to Plaintiff K on May 13, 2014, and KRW 508,650 to Plaintiff N Co., Ltd on January 15, 2019 in accordance with the automobile insurance clause, and on February 8, 2019, Plaintiff N Co., Ltd returned the said amount to the Defendant on February 8, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 11, 12, 14, 18, and Eul evidence No. 2 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiffs’ assertion was destroyed and repaired the Plaintiffs’ vehicles due to each of the instant traffic accidents, and even after the completion of repair, the Plaintiffs’ vehicles did not restore to their original state as before the accident occurred. Accordingly, there were damages corresponding to the decrease in the exchange value even after the repair.

Therefore, the defendant, who is the insurer of the Literacy Vehicle, is obligated to compensate the plaintiffs for damages equivalent to the reduced exchange value of the plaintiffs' vehicle.

B. When an article is damaged due to a tort, the amount of ordinary damages would be the cost of repair if it is possible to repair it, and the exchange value would be reduced if it is impossible to repair it.

(b) repair;

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