(영문) 인천지방법원 2019.08.20 2019가단202954

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2019.08.20 2019가단202954

손해배상(자)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person holding 9% of the share of D-car (hereinafter “Plaintiff-car”).

B. On November 16, 2018, around 13:30, the taxi in the Michuhol-gu Incheon, Michuhol-gu, Incheon, caused an accident where the taxi in front of the Fschool, which owned the company in charge of the settlement of disputes, estimated the front of the Plaintiff vehicle.

(hereinafter the above accident is referred to as the "accident of this case"). [In the absence of dispute, Gap evidence Nos. 7 through 9, Eul evidence No. 2, and the purport of the whole pleadings]

2. Determination as to the cause of action

A. The plaintiff's summary of the plaintiff's assertion is asserted as stated in the reasons for the claim, and the summary of the claim is that "the defendant, who is a mutual aid business entity of the taxi that caused the accident in this case, shall compensate the plaintiff for damages arising from the fall of the value."

B. Determination 1) In the event of an accident that causes serious damage to a motor vehicle due to the destruction of the main structural frame of the motor vehicle, barring any special circumstance, deeming that even if the repair is technically feasible, the repair impossible parts remain, barring any special circumstance, should be deemed to constitute ordinary damages. In such a case, whether the occurrence of serious damage to the degree of the potential disability exists shall be determined objectively and reasonably in accordance with the transaction norms and empirical rules, comprehensively taking into account the following: (a) the course and degree of the accident; (b) the degree of the damage; (c) the degree and degree of the damage; (d) the method of repair; (d) the vehicle’s annual formula and mileage; (e) the ratio of the repair cost to the value of the motor vehicle at the time of the accident; and (e) whether the repair was made to the degree of the damage caused by the accident in the performance and condition inspection register of the used motor vehicle; and (e) whether the party asserting that the damage is a serious damage

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