(영문) 대전지방법원공주지원청양군법원 2019.08.21 2019가단16

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Reasons

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글꼴

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줄 간격

자간(%)

(영문) 대전지방법원공주지원청양군법원 2019.08.21 2019가단16

청구이의

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1. The defendant's case against the plaintiff of Daejeon District Court 2018 Cheongyang Military Court case No. 2018.

Reasons

1. The parties' assertion

A. The Defendant is the owner of the Defendant Drensto car (hereinafter “victim”), and the Plaintiff is the insurer of the E-vehicle (hereinafter “AW”). On January 10, 2018, the Plaintiff caused an accident involving collision of the damaged vehicle beyond the center line.

As a result, the defendant's damage is KRW 11,70,000, transportation cost of 8,886,150 for 186 days due to the repair of damaged vehicles (47,775 won per day according to the terms and conditions of the plaintiff x 186 days).

However, the Plaintiff paid only KRW 16,53,210 for the remainder of the damages ( KRW 11,700,060 ( KRW 3,000 - 3,032,940) as compensation for 3,032,940, and for the transportation cost of KRW 16,53,210 for the Defendant, the Plaintiff is obligated to pay the remainder of the damages ( KRW 8,667,00 ( KRW 11,70,000 - KRW 3,032,940) - KRW 8,886,150 ( KRW 8,86,150 - 1

B. The Plaintiff paid damages calculated according to the terms and conditions to the Defendant, thereby completing the obligation to compensate for damages.

However, it is recognized that there is no amount of KRW 166,507, and transportation cost of KRW 234,800 due to a mistake in calculation, and that there is an obligation to pay it to the defendant additionally.

2. Determination

A. The amount of damages when the possession of an article was damaged due to an act of noise damage shall be the cost of repair if it is possible to repair it, and if it is impossible to repair it, the amount of reduced exchange value shall be the ordinary amount of damages. If a part of repair is not possible even after repair, the reduced exchange value due to the impossibility of repair shall be the ordinary amount of damages (see Supreme Court Decision 91Da28719, Feb. 11, 1992). However, the vehicle damaged by the accident shall be the vehicle, even if it was repaired.

Even if the claim that the exchange value has decreased, it is related to special damages, and even if such circumstances exist, it should be recognized only when the perpetrator knew or could have known of such special damages.

(See Supreme Court Decision 78Da635 delivered on June 13, 1978, etc.).

참조판례

-대법원 1992. 2. 11. 선고 91다28719 판결

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