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(영문) 서울중앙지방법원 2020.09.25 2019나77745
손해배상(자)
Text

Part of the judgment of the court of first instance against the defendant in excess of the following amount ordered to be paid.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the vehicle indicated below at the time of the traffic accident listed below (hereinafter “the instant accident”), and the Defendant is the insurer who concluded the automobile insurance contract with respect to the instant sea vehicle that caused the instant accident.

On July 8, 2017, 2017, the details of the first registered traffic accident at the time of the accident, GLE 350D Cub, where the Plaintiff’s vehicle (in-house) and the sea-going vehicle (in-house) are straighted on July 8, 2017, and entered the intersection almost at the same time, and the front part of the Plaintiff’s vehicle is shocking on the right side of the Plaintiff’s vehicle.

B. At the time of the instant accident, the odometer, the standard value of the Plaintiff’s vehicle, the actual repair cost, the repair volume, and the history of the existing accident are as listed below.

The standard value of odometer 1,00km 96,90,000,000 won 21,130,440 won - The main framework value of the mileage - Outboard exchange: The right-hand - The outerboard exchange: there is no exchange with the right-hand clater, the right-hand clater exchange, the right-hand hon exchange, the right-hand hon exchange, and the right-hand hon exchange [based on recognition] A’s 6-6, A’s 2-6, A’s 3-6, A’s 5-6, A’s 7-3, A’s 7-3, and the purport of the whole pleadings.

2. Occurrence of liability for damages;

A. The amount of damages when an article is damaged due to a tort (1) is the cost of repair if it is possible to repair it, and if it is impossible to repair it, the reduced value of exchange becomes the ordinary amount of damages. Therefore, in cases where parts that cannot be partially repaired remain even after repair are repaired, the reduced value of exchange due to impossibility of repair, in addition to the cost of repair, shall be deemed as ordinary damages.

(2) In the event of an accident involving serious damage due to the destruction of the main structural part of a motor vehicle, etc. (Supreme Court Decision 2001Da52889 delivered on November 13, 2001), the technical aspect is the same.

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