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(영문) 서울중앙지방법원 2020.12.01 2020나32847
손해배상(기)
Text

The plaintiffs' appeal is dismissed.

The costs of appeal are assessed against the plaintiffs.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiffs are the owners of the motor vehicles indicated in the column of the motor vehicle indicated below (hereinafter “instant motor vehicles”).

The instant motor vehicle was destroyed by a traffic accident listed in the following table (hereinafter “instant accident”).

The owner's registration number of the car accident is the date, time and place of the accident at the time of the first registration date of the car accident, the plaintiffs (50% each, the joint ownership) DSS5 on April 12, 2016, KRW 13,300,000 on June 20, 2019.

B. The Defendant is an insurer who entered into an automobile insurance contract with respect to the instant accident-handling vehicle.

[Ground of recognition] A without dispute, entry of evidence Nos. 1 and 2-4, result of entrustment of appraisal to appraiser E of the first instance court, purport of the whole pleadings

2. Determination on the cause of the claim

A. Due to the accident of this case alleged by the plaintiffs, the part which was impossible to repair the automobile of this case, which was technically possible after the major external panel was damaged by the destruction, etc. and completed repair technically possible, and the resulting damage to the price decline in the automobile of this case (so-called "satise damage"), which caused the damage to the automobile of this case, is liable to compensate the plaintiffs for the above damage.

B. When an article is damaged due to a tort of the relevant legal doctrine, the amount of ordinary damages would be the repairing cost if it is possible to repair the article, and the exchange value decrease if it is impossible to repair it.

Where part of repair is not possible even after repair remains, the exchange value reduction due to the impossibility of repair in addition to the repair cost shall also constitute ordinary damages.

Meanwhile, in the event of an accident that causes serious damage to the main structural part of a motor vehicle due to damage to the main structural part of the motor vehicle, the repair is not possible even if it is technically possible, unless there are any special circumstances.

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