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(영문) 서울중앙지방법원 2020.06.12 2019나39736
손해배상(자)
Text

1. Of the part against the plaintiff in the judgment of the court of first instance, the payment order is ordered in excess of the following amount.

Reasons

1. Basic facts

A. At the time of the traffic accident listed below (hereinafter “the instant accident”), the Plaintiff is the owner of the vehicle indicated below (hereinafter “Plaintiff”) and the Defendant is the insurer who entered into an automobile insurance contract with respect to the Maritime Vehicle that caused the instant accident.

Plaintiff

On July 20, 2016, July 26, 2016, the details of the first traffic accident on the date of the accident on the date of the initial registration of the vehicle changed from five lanes to four lanes on July 26, 2017 by the Plaintiff’s vehicle on June 20, 2016, the back part of the left side of the Plaintiff’s vehicle on the front right-hand part of the vehicle while the Plaintiff’s vehicle changed from five lanes to five lanes on June 26, 2017

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

Taking the odometer into account the odometer, KRW 25,151km 41,750,00 won 6,550,000 won in the previous accident history of the repair cost and details of the average of the used vehicle - The main frame: Wheel f,50,00 won: - there is no dispute over whether there is an exchange of a quota panel (based on recognition) - The evidence No. 1-4, Gap evidence 2-4, Gap evidence 5-4, Gap evidence 5-7, Eul evidence 1, Eul evidence 1, 4, 9, 11, and the overall purport of the arguments, the images and the whole purport of the arguments.

2. Occurrence of liability for damages;

A. The amount of damages when an article is damaged due to a tort (1) is the cost of repair if it is possible to repair it, and if it is impossible to repair it, the reduced value of exchange would be the ordinary amount of damages. Therefore, in cases where parts that cannot be partially repaired remain even after repair are repaired, the reduced value of exchange due to impossibility of repair, in addition to the cost of repair, shall be deemed as ordinary damages.

(2) In the event of an accident causing serious damage to a motor vehicle’s main structural part due to the destruction of the main structural part of the motor vehicle, etc., barring any special circumstance, even if the repair is completed technically possible.

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