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(영문) 전주지방법원 2017.07.20 2016나2096
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. Around 08:40 on December 31, 2014, the insured vehicle B, an insured vehicle of the Defendant Company (hereinafter “Defendant vehicle”), left behind the left-hand edge of the HG vehicle (hereinafter “Plaintiff”) driven by the Plaintiff, which was flicked from the snow path on the front of the youth training center in Jinan-gun, Jinan-gun, and reflicked into the left-hand edge of the vehicle (hereinafter “Defendant vehicle”).

(hereinafter “instant accident”). B.

During the period from January 6, 2015 to February 17, 2015, the Plaintiff accepted the quota survey panel, fence panel, language panel, etc. of the Plaintiff’s vehicle damaged by the instant accident from the Hyundai Motor Service Center, and the Defendant Company paid KRW 5.8 million at its repair cost.

C. On June 18, 2015, the Plaintiff paid KRW 2.50,00 to the Hyundai Motor Service Center, while driving the Plaintiff’s vehicle, and subsequently repaired the wheelchairs human again.

[Reasons for Recognition] Evidence Nos. 2 through 5, Evidence Nos. 2 and 5 (including Serial Nos. 2 and 5), the purport of the whole pleadings

2. The assertion and judgment

A. In the event of an accident causing serious damage due to the destruction of major structural parts of a motor vehicle by the relevant legal doctrine regarding claims for damages due to the reduction of exchange value, deeming that, even if the repair is technically feasible, there exists no special circumstance, the repair impossible parts, which should not be restored to the original state, to the extent that there exist remaining, barring any special circumstances, should be deemed to constitute ordinary damages.

In such cases, whether an accident with serious damage to the degree of potential disability exists, such as the circumstance and degree of the accident, the depth and seriousness of the damage, the repair method, the annual formula and mileage of the automobile, the ratio of the repair cost to the value of the automobile at the time of the accident, and whether the repair was made to the degree of the accident with the history of the accident.

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