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1. The plaintiffs' appeal, plaintiff B's claim extended by this court, and defendant's incidental appeal are all dismissed.
2...
Reasons
1. Basic facts
A. Plaintiff B is the owner of the D vehicle indicated below, and Plaintiff A is the owner of the vehicle indicated below, and Plaintiff A is the lessee of the F vehicle listed below the list owned by E.
(hereinafter referred to as the “Plaintiff’s vehicle”). The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the piracy vehicles which caused each traffic accident listed below (hereinafter referred to as the “instant accident”).
The Plaintiffs’ vehicles were destroyed by the instant accident and received repair as indicated below.
A F BD
B. On August 8, 2018, Plaintiff A acquired the damage claim against the Defendant from E Co., Ltd., and received delegation of the notification of transfer from the E Co., Ltd., and notified the transfer as a duplicate of the instant complaint.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3-3, 4, Gap evidence Nos. 6, and 7, the purport of the whole pleadings
2. Determination
A. In the event of an accident that causes serious damage to the main structural part of a motor vehicle due to the destruction of the main structural part of the relevant legal doctrine, barring any special circumstance, deeming that even if the repair is technically feasible, the repair impossible parts remain, barring any special circumstance, should be in accord with the empirical rule to deem that the said parts remain. The damage resulting from the decline in the price of the motor vehicle falls
In such a case, whether an accident with serious damage to the degree of potential disability exists shall be determined objectively and reasonably in accordance with the transaction norms and empirical rules, comprehensively taking into account the following: (a) details and degree of the accident; (b) the parts and seriousness of the damage; (c) the repair method; (d) the annual formula and mileage of the automobile; the ratio of the repair cost to the value of the automobile at the time of the accident; and (e) whether the repair was made to the degree of repair to be recorded in the performance and condition inspection register of used cars; and (e) whether there was a repair to the extent that the accident
Supreme Court Decision 201No. 5. 5.