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(영문) 서울중앙지방법원 2020.05.26 2019나71150 (1)
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the vehicle at the time of the traffic accident listed below (hereinafter “the instant accident”), and the Defendant is the insurer who concluded the automobile insurance contract with respect to the instant sea vehicle that caused the instant accident.

Plaintiff

On October 28, 2016, February 17, 2019, the details of the first registered traffic accident at the time of the accident on the date of the initial registration of the vehicle is 100% shock of the plaintiff vehicle because the piracy vehicle is under driving on the main part of October 28, 2019.

B. At the time of the instant accident, the odometer, average market price, repair cost, and repair cost of the Plaintiff’s vehicle are as listed below.

The average repair cost of the Plaintiff’s vehicle value of the odometer 18,987km 41,100,000 won 25,878,720 won 8,100,730 won - Major frameworks: - wheel wheel wheeler on the left-hand side - Outboard: One exchange (repair cost 4,657,430 won)

C. The Defendant paid insurance money of KRW 10,332,00 to the Plaintiff’s vehicle repair cost, etc. due to the instant accident.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 7 (including branch numbers in case of additional number), Eul evidence Nos. 1, 3 and 5, the result of the first instance court’s entrustment of appraisal to appraiser D, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion in the instant case led to a serious damage to the Plaintiff’s main structural part, such as destruction of the Plaintiff’s vehicle’s main structural part, and the parts that were technically feasible for repair were not able to be restored to its original state. As a result, the Plaintiff’s loss (so-called “satise damage”) occurred, the Defendant is obliged to pay KRW 2,600,000 to the Plaintiff with compensation for the satise damage caused by the Plaintiff’s satise.

B. When an article is damaged due to one tort, the amount of ordinary damages shall be reduced in repairing costs if it is possible to repair it, and when it is impossible to repair it, the exchange value shall be reduced and repaired.

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