손해배상(자)
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
The defendant.
1. In fact, the Plaintiff is the owner of the 99% share of the Plaintiff’s low-priced vehicle (hereinafter “Plaintiff’s vehicle”), and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with C (hereinafter “Defendant”) with respect to the vehicle.
On December 17, 2016, the driver of the defendant vehicle driven the defendant vehicle on December 10:47, 2016, and driving the two lanes between the two lanes of the 2370 km along the coast of Guro-gu Seoul, Seoul, into the area of an error, and was flicked the plaintiff vehicle driving the same direction while driving the vehicle in the same direction.
As a result of the instant accident, the Plaintiff was repaired due to the damage to the wheel of the Plaintiff’s vehicle, lifts fences, language, free panel, members with a wheel, wheelchairs, etc., and the Defendant paid the insurance proceeds of KRW 4,679,100 at the repair cost of the Plaintiff’s vehicle on December 30, 2016.
[Ground of recognition] Evidence Nos. 1 through 8, Evidence Nos. 1 and 5, and the purport of the whole pleadings
2. The Plaintiff’s assertion that the Plaintiff’s vehicle was destroyed by the main structural part of the instant accident, and thus cannot be completely recovered even after the repair. Accordingly, the Plaintiff suffered damages of KRW 7,717,894 in total, and KRW 300,00 in private appraisal costs (i.e., KRW 7,717,894 in total, KRW 300 in order to assess the said damages).
3. Claims for damages caused by decline in exchange value;
(a) an accident causes serious damage to the main structural part of an engine or body due to damage to the engine or body’s major structural part, etc., even if the repair of the motor vehicle and completed a functional or technical restoration for the operation of the vehicle, it is difficult to view that the motor vehicle has completely restored;
According to the degree of accident, the damaged part, etc., the corrosion that can detect the external shock or corrosion even after repair has been lowered, and the period of use is due to the weakening of the strength of the vehicle, the corrosion of the repair part, or the generation of noise and vibration.