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(영문) 서울중앙지방법원 2016.09.29 2016나21925
손해배상
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the Plaintiff’s B vehicle (hereinafter “Plaintiff’s vehicle”), and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the vehicle C (hereinafter “Defendant”).

B. On May 31, 2014, around 14:08, the Plaintiff’s vehicle conflict with the Defendant’s vehicle on the roads front of the Seocho-gu Seoul Seocho-gu Non-dong Non-dong (Seoul Seocho-gu). As a result, the Plaintiff’s vehicle was repaired due to damage to the members of the Egypt, the Lgyd, the Lgyd, the Lgyd, the Lgyd, the Lgyd, the Lgyd, the Lgyd, the Lgyd, the Lgyd, the Lgyd, the Lgyd, the Lgyd

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1 to 4

2. The assertion and judgment

A. The plaintiff asserts that the main structural part of the plaintiff's vehicle was destroyed due to a traffic accident, and thereby caused damage to the plaintiff's vehicle's replacement value, and thus, the defendant should compensate for such damage.

B. The amount of damages when the property owned was damaged due to the tort shall be the cost of repair if it is possible to repair it, and if it is impossible to repair it, the reduced value of exchange shall be the ordinary amount of damages.

Even after repair remains, the reduced value of exchange due to the impossibility of repair in addition to the repair cost shall also constitute ordinary damages (see, e.g., Supreme Court Decisions 91Da28719, Feb. 11, 1992; 2001Da52889, Nov. 13, 2001; 2001Da52889, Nov. 13, 2001).

(2) If such damage is ordinarily foreseeable, it shall not be deemed that such damage is ordinarily foreseeable.

(See Supreme Court Decision 81Da8, Jun. 22, 1982). In the instant case, evidence that seems to correspond to the Plaintiff’s assertion is indicated as evidence No. 1, however, considering the overall purport of the evidence presented earlier.

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