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(영문) 창원지방법원 2018.01.18 2017나4250
손해배상(자)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the B stringer B 2.2D vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is the insurer who entered into an automobile insurance contract with the C string vehicle (hereinafter “Defendant vehicle”).

B. Around 10:45 on May 7, 2016, the driver of the Defendant vehicle parked in the window from the window to the window of Busan, without securing a sufficient safety distance with the Plaintiff’s front vehicle, which was the front vehicle, and caused a sudden sudden breakdown in the vicinity of 364 meters from the window of the window of the Changwon-si, the driver of the Defendant vehicle stopped in the vicinity of 364 meters.

(hereinafter “instant accident”). C.

As a result of the instant accident, the Plaintiff’s vehicle was repaired due to the damage of the fronter, rear paner, Twiter, Lane, Lane, etc., and the Defendant paid insurance proceeds of KRW 19,794,50 in total with the repair cost, etc. of the Plaintiff’s vehicle by June 24, 2016.

[Ground of recognition] The descriptions and images of Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 3, and the purport of the whole pleadings

2. In the event that a motor vehicle under the relevant legal principles causes serious damage to the main structural part of the engine or body caused by an accident, the repair thereof would lead to a case where it is difficult to deem that the motor vehicle completely restored to its original status even if it completed a functional or technical restoration for the operation of the engine or body.

This is because, depending on the degree of accidents, damaged parts, etc., there is a possibility that any defect in the use or disability remaining, such as decrease in corrosion or corrosion that absorbs the external shock even after repair, decrease in the period of use due to the weakening of the strength of the vehicle, the production of corrosion or noise and vibration on the repair part, etc., or decrease in the rate of occurrence of failure, etc.

In the Automobile Management Act, motor vehicle dealers trade or intermediate the trade of motor vehicles.

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