손해배상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Determination as to the cause of claim
A. On August 16, 2015, the key issue of the instant case derived from the Defendant’s assertion that Nonparty 2 driven by Nonparty 2, a motor vehicle driven by the Plaintiff due to the Plaintiff’s neglect of duty of care in the above B (hereinafter “instant accident”) (hereinafter “instant accident”), and the fact that the Defendant is the insurer that entered into the instant motor vehicle insurance contract with Nonparty 2 is no dispute between the parties, and the Defendant paid KRW 5,010,130 to the Plaintiff due to the repair cost, etc. according to the instant accident is acknowledged by the statement in the evidence No. 1.
However, the plaintiff asserts that "In addition to the repair cost received from the defendant as above, the 1,660,000 won, which is equivalent to the decline in the exchange value of the car of this case due to the accident of this case, is damages caused by the accident of this case, the defendant is obligated to pay to the plaintiff."
In regard to this, the defendant asserts that "The value decline damage caused by a traffic accident is recognized as ordinary damage only to the portion of which repair is impossible, and it is nothing more than special damage for the portion of repair performed. Therefore, the defendant shall be liable to pay the value decline damage unless it is proved that the driver of the vehicle knew or could have known it due to special damage."
Therefore, the issue of this case is whether the accident in this case caused damage to a drop in exchange value to the car in this case, and whether the damage in exchange value falls under ordinary damages.
B. In the event that an article was damaged due to a tort by the relevant legal doctrine, the amount of ordinary damages shall be the cost of repair if it is possible to repair it, the amount of exchange value if it is impossible to repair it, and in the event there remain remaining parts that cannot repair it even after repair it, the amount of exchange value reduced due to impossibility of repair in addition to the cost of repair.