손해배상(자)
1. The part against the defendant in the judgment of the first instance shall be revoked, and the plaintiff's claim corresponding to that part shall be dismissed.
2...
1. Basic facts
A. The Plaintiff is the owner of the Plaintiff’s low-class passenger vehicle B (hereinafter “Plaintiff’s vehicle”), and the Defendant is the mutual aid business entity that entered into a mutual aid agreement with the Defendant’s taxi vehicle (hereinafter “Defendant’s vehicle”).
B. On October 18, 2013, D driven the Defendant’s vehicle at around 20:47 on October 18, 2013, and concealed the Plaintiff’s vehicle that was driven ahead of it due to negligence while driving the Olympic Games, which was located in the Gangnam-gu Seoul Special Metropolitan City (hereinafter “third-party vehicle”) on the part of the distribution bridge, while driving the Olympic Games on the part of the distribution bridge.
(hereinafter “instant accident”). C.
Plaintiff
The vehicle has suffered damages equivalent to KRW 3,087,003, such as the replacement of the back paner, the replacement of the rear left-hand penter, the back penter, the back boomer, and the fee for repair, such as the fee for the bridged floor panel.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings
2. The accident of this case by the plaintiff asserted that the value of the vehicle of this case falls down, and even if it falls under ordinary damages or damages due to special circumstances, since the perpetrator knew or could have known it, the defendant is obligated to pay the amount equivalent to the exchange value decline and the expenses required for appraisal as compensation for damages.
3. Determination
A. The amount of damages when the goods were damaged due to a tort shall be the cost of repair if it is possible to repair them, and, if it is impossible to repair them, the reduced exchange value shall be the ordinary amount of damages. If part of the goods are not repaired after repair, the reduced exchange value shall also be the normal amount of damages in addition to the cost of repair.
However, the acceptance is possible (see, e.g., Supreme Court Decisions 91Da28719, Feb. 11, 1992; 2001Da52889, Nov. 13, 2001).