손해배상(자)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. The Plaintiff is the owner of the vehicle B Amatma car (hereinafter “instant vehicle”), and the Defendant is the insurer who concluded the automobile insurance contract with respect to the vehicle C.
B. On May 16, 2013, the said C vehicle caused an accident that shocks the rear part of the instant vehicle in the vicinity of the Busan Toluth (hereinafter “the instant accident”), and after the said accident, the Plaintiff repaired the instant vehicle in the Y under the payment guarantee of the Defendant’s repair cost. The Defendant paid KRW 9,550,570,000, in total, for exchange and repair costs of the said vehicle’s fish panel, the ridge fluor, and the ridge fluor.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings.
2. Judgment on the parties’ assertion
A. The purport of the claim is that the Plaintiff is obligated to compensate for the amount equivalent to the exchange value and the appraisal cost that the Plaintiff has decreased in KRW 1.7 million due to the instant accident, and the amount equivalent to KRW 275,00,000 for the appraisal cost.
In this regard, the Defendant asserted that the decrease in the exchange value due to the instant accident is a special damage, and there is no evidence to prove that the driver of the sea-going vehicle knew or could have known it, and thus, the Defendant cannot respond to the Plaintiff’
B. 1) The amount of damages when an article was damaged due to a tort shall be the cost of repair if it is possible to repair it, and if it is impossible to repair it, the amount of reduced exchange value shall be the ordinary amount of damages. Thus, in cases where part of it is impossible to repair it remains after repair, it constitutes an ordinary amount of damages in addition to the cost of repair (see, e.g., Supreme Court Decision 2001Da52889, Nov. 13, 2001). Therefore, a vehicle caused by an accident.