(영문) 인천지방법원 2015.10.07 2015나11656

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(영문) 인천지방법원 2015.10.07 2015나11656

손해배상(기)

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The Plaintiff’s assertion is the owner of BM5 vehicle (hereinafter “instant vehicle”). On June 26, 2014, the Plaintiff, while driving the instant vehicle, conflict with CH vehicle insured by Defendant Company’s comprehensive motor vehicle insurance (hereinafter “instant accident”). The instant accident was destroyed by the front paner, right wheeler, wheelchairs, wheelchairs, front wheeler, etc.

Therefore, the Plaintiff repair the instant vehicle in an amount equivalent to KRW 3,623,953 of the repair cost, but even after repair, the Plaintiff suffered damages due to a decline in the market value of the instant vehicle due to the decline in the market value, and thus, the Defendant is obliged to pay 3,400,000 won and damages for delay corresponding to the decrease in the exchange value of the instant vehicle.

2. Determination

A. The amount of damages when the goods were damaged due to a tort shall be the cost of repair if it is possible to repair them, and, if it is impossible to repair them, the reduced exchange value shall be the ordinary amount of damages. If parts that cannot be partially repaired remain after repair, the reduced exchange value shall be the ordinary amount of damages in addition to the cost of repair.

B. As to the instant case, the result of the appraisal by the appraiser D of the first instance trial, the results of the inquiry by the court of first instance into E of the case, and the following circumstances acknowledged by the purport of the entire pleadings, namely, ① there is no problem in the operation of the instant vehicle after the completion of the repair of the instant vehicle, and ② the appraisal by the appraiser of the first instance trial, stating that “The value of the instant vehicle remains at a reduced or decreased because physical and technical level is not possible so as to avoid any defect in safety level in the operation of the instant vehicle, even if it is possible to repair the instant vehicle after the instant accident, the power of the accident corresponding to the structural frame of the vehicle and the repair trace, and the value of the assessment thereof is considered to have

유사 판례

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-대법원 1992. 2. 11. 선고 91다28719 판결