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(영문) 서울중앙지방법원 2020.11.20 2020나8585
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

[Claim]

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of C C C 220 (C220) passenger cars first registered on September 26, 2014 (hereinafter “Plaintiff”).

The defendant is an insurer who has concluded a motor vehicle insurance contract with respect to the motor vehicle DM6 (SM6) (hereinafter referred to as "Defendant vehicle").

B. On February 5, 2019, around 12:10 on February 5, 2019, while the Plaintiff’s vehicle is driving on a nearby expressway in the area of the Haan-gun, Haan-gun, Haan-gun, the Defendant’s vehicle behind the Plaintiff’s vehicle caused an accident (hereinafter “instant accident”).

(c) The Plaintiff vehicle, due to the instant accident, has cut up the right quota panel and accepted the exchange, and has set up or accepted the Li language panel, the right-hand language panel, and the members of Li language panel. D.

The Defendant paid 14,089,600 won for the repair cost of the Plaintiff’s vehicle as insurance money to the insurer for the Defendant’s vehicle, which is the vehicle causing the instant accident.

E. When the Plaintiff acquired the Plaintiff’s vehicle, the price of the Plaintiff’s vehicle was KRW 51,363,636, except value-added tax.

F. At the time of the instant accident, the Plaintiff’s heavy taxation amounting to KRW 27,402,50 was applied to the odometer 91,296 km and the standard depreciation rate for the value of the vehicle of the E institution, and the previous accident history was not confirmed.

[Reasons for Recognition] In the absence of dispute, Gap evidence 1-5, Gap evidence 2-5, Gap evidence 3-5, Gap evidence 5-5, Gap evidence 5-5-5, and the court's entrustment of appraisal to F of the court of first instance with F of the first instance, the court of first instance appointed Eul as appraiser, G, but entrusted F with appraisal without undergoing the procedure of the appraiser oath. However, it is difficult to view the data submitted to the court of first instance due to the above procedural problems as the result of the appraiser's normal appraisal selected by the court, while it is difficult to view the data submitted to the court of first instance as the result of the appraiser's normal appraisal of the court, although it is an individual, the procedural requirements for the entrustment of appraisal are required for F, a certified damage adjuster.

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