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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant suffered various forms of DamW M5 car (hereinafter “victim”) as the owner of the said car, such as a trend that requires approximately three weeks’ medical treatment while driving the said car (hereinafter “instant accident”).
B. The Plaintiff is an insurance company that entered into an automobile insurance contract with D, the owner of the C vehicle causing the instant accident, using the said vehicle as an insurable vehicle.
C. The Plaintiff spent KRW 16,800,000 for the repair cost of the damaged vehicle, and KRW 1,896,840 for the medical expenses for the Defendant, and paid KRW 11,50,000 for the loan expense during the repair period of the damaged vehicle to the Defendant.
In the instant accident, the Defendant received hospitalized treatment for 16 days, and the urban daily wage as of February 2015, which is the date of the occurrence of the accident, is KRW 87,805 per day.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 8, Eul evidence Nos. 1, 10, and 11, the purport of the whole pleadings
2. In relation to the Plaintiff’s assertion, the Plaintiff paid the insurance money calculated in accordance with the standard of automobile insurance agreement with respect to the damages suffered by the Defendant due to the instant accident, but the Defendant demanded excessive damages, such as market price decline damages (exchange value decrease damages) for the damaged vehicle.
In particular, it cannot be recognized for the following reasons with respect to the loss of market price for damaged vehicles.
According to the Plaintiff’s insurance terms and conditions, in a case where the cost of repair due to an accident exceeds 20% of the value of the automobile immediately preceding the accident, a motor vehicle with not more than one year after the release of 15% of the cost of repair shall be paid, and 10% of the cost of repair shall be paid for a motor vehicle with not less than one year but not more than two years after the release. Since the cost of repair of the damaged vehicle does not exceed 20% of the value of the vehicle immediately preceding the accident, there is no liability for payment under the Plaintiff’s terms and conditions.
(b) repair is partially accepted even after repair.