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(영문) 춘천지방법원 2018.05.02 2017나51065
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

purport.

Reasons

1. Basic facts

A. The Plaintiff is the owner of B haloged Vehicle (hereinafter “Plaintiff”), and the Defendant is the mutual aid association that entered into a motor vehicle mutual aid agreement with the Plaintiff for the small-scale taxi (hereinafter “Defendant vehicle”).

B. On July 24, 2014, around 16:20 on July 24, 2014, the driver of the Defendant vehicle: (a) had the Plaintiff vehicle that had already entered, and had the Plaintiff vehicle enter the route in front of the Taek-dong Pool.

(hereinafter referred to as “instant accident”). C.

In the instant accident, 9,487,634 won was destroyed to the right side of the Plaintiff’s vehicle, and the Defendant paid the repair cost.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the result of the appraisal by the appraiser C of the first instance trial, the purport of the whole pleadings;

2. The parties' assertion

A. The Plaintiff suffered losses equivalent to KRW 3,000,000 in exchange value of the Plaintiff’s vehicle due to the instant accident.

B. Since the Plaintiff’s vehicle was entirely repaired, no longer losses remains. The damage resulting from the decline in exchange value constitutes damages due to special circumstances, and there is no reason to deem that the Defendant knew or could have known of the damage. Therefore, the Defendant is not liable to compensate for it.

3. Determination

(a) In the event that the relevant legal entity has suffered serious damage to the main structural part of the engine or body caused by an accident, such as a major structural part of the engine or body, even if the repair of the motor vehicle and completed a functional or technical restoration for the operation of the vehicle, it is difficult to deem that the motor vehicle completely restored;

In accordance with the degree of accident, the damaged part, etc., there is a defect or obstacle in use, such as even after repair, that can detect external shocks or corrosions, and that the period of use is reduced due to the weakening of the strength of the vehicle, the generation of corrosion on repair or noise vibration, etc., or that the rate of occurrence of malfunctions is high.

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