During the trial, the lawyers of JSC \u201cShavrov, Galinsky and Partners\u201d defended the interests of the defendant in the case of damage caused by a road accident in the amount of UAH 170,914.94. The plaintiff noted that the car was actually destroyed, but the defendant's defense proved that it had been sold and was physically in working condition, thus, it was proven that the plaintiff used an incorrect mechanism for compensating for the damage caused. <\/p>
In the course of the case, the position set out by the Supreme Court in the Resolution of 30.10.2019 in case No. 753\/19288\/14-\u0446 was used, a systematic analysis of the provisions of the legislation gives grounds for the conclusion that in the case of restorative repair of a damaged item, the amount of damage is determined as the real cost of materials and work spent on its restoration, and in the case of not carrying out the repair - as the cost of materials and work necessary for its restoration in the future. At the same time, the person who has the right to compensation for damages in the case of restorative repair is the person who incurred the relevant costs.<\/p>