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1. The plaintiffs' respective claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
The key points of the Plaintiffs’ assertion are the owners of each motor vehicle indicated in the “victim (motor vehicle and vehicle number)” column of the attached Table 2 of the Accident List, and they accepted the destroyed motor vehicle after having suffered a traffic accident as stated in the “accident” column of the said Accident List by the Defendant insured vehicle.
However, even after the repair, there are parts that are impossible to repair, such as the reduction of the use period, function, and aesthetic impairment, and the existence of the accident-electric power alone, causing the decline in exchange value (hereinafter referred to as “eficial damage”). Such eficial damage constitutes an ordinary damage caused by a traffic accident or a potential special damage.
In addition, the plaintiffs requested a professional engineer to conduct an appraisal in order to calculate the amount of loss caused by each damaged motor vehicle, and the above appraisal cost also constitutes damage caused by the above traffic accident.
Therefore, the Defendant is obligated to compensate the Plaintiffs for each money indicated in the “total sum of the claim amount” column in the attached Table 2 of the accident statement (i.e., the sum of each money indicated in the “accident damage” column in the above accident statement and the “appraisal cost” column) and damages for delay.
Judgment
The amount of damages when an article is damaged due to a tort as to the claim for depreciation damage 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. If it is impossible to repair it, the reduced value of exchange shall be the amount of damages in addition to the cost of repair if it remains impossible to repair it (see, e.g., Supreme Court Decision 2001Da52889, Nov. 13, 2001). However, there is an empirical rule that the reduced value of exchange due to the impossibility of repair shall always be subject to a reduced value, other than the cost of repair
or such; or