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(영문) 서울남부지방법원 2020.08.14 2019나58474
손해배상(건)
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

Reasons

1. The reasoning of the judgment of the court of first instance citing the instant case is as follows, except for the determination of the scope of damages for the instant vehicle, which the Plaintiff claims additionally in paragraph (2) of this Article, as stated in the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The summary of the Defendant’s assertion that the Defendant used the instant vehicle for the repair period (32 days) of the instant vehicle to the user of the instant vehicle. As such, 5,219,200 won equivalent to the said other vehicle’s rental fee for the pertinent period should be deemed as damages for the instant vehicle. In contrast to the domestic affairs, the operating damages of the instant vehicle shall be deemed as 6,90,000 operating damages for 30 days based on the rental fee (23,00 won a day) for 7 days or more of the said vehicle. The said operating damages for the instant vehicle shall be deemed as 6,09,000 operating damages for 30 days or more based on the rental fee (23,000 won a day) and the premium, oil expenses, office operating expenses, etc. for the instant vehicle. However, since there is no specific amount of expenses required for the maintenance and operation of the instant vehicle, all these import damages shall be deemed as business damages. If it is excessive, it shall be deemed as 300,700,700 won of the instant passenger car.

Although the Defendant asserts that the market price decline damage of the instant vehicle caused by the instant accident is also claimed, the content of the instant accident is irrelevant to the scope of the obligation to pay insurance proceeds equivalent to the temporary closure fees, which is the subject matter of the instant lawsuit, and thus, is not separately determined.

B. However, as seen earlier, it is reasonable to view that the appropriate period necessary for the repair of the instant vehicle is ten days.

In addition, as seen earlier, the automobile insurance that the Plaintiff included in the insurance contract for the insured vehicle.

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