손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. The grounds for the judgment of the court of first instance cited in the judgment of the court of first instance are as follows: ① change of the grounds for the judgment of the court of first instance as described in paragraph (2); ② addition of the judgment on the automobile-scrapping and new registration fees emphasized or added by the plaintiff in the court of first instance to the judgment, which are the same as the grounds for the judgment of the court of first instance; and thus, they
2. Change and addition of the grounds for the judgment of the court of first instance
A. On September 20, 2017, the amended part of the judgment of the first instance added “100%” to “( around 3:58 on September 20, 2017, the intersection in front of the D store located in Guro-gu Seoul Metropolitan Government, and F vehicle, as described in the map at the site of the accident, has caused a traffic accident that shocks the G vehicle owned by the Plaintiff (hereinafter “Plaintiff vehicle”) being driven in accordance with normal new conditions while driving in violation of signal as described in the map at the site of the accident.”
The following shall be added between the second and nine pages of the judgment of the first instance.
Even if the cost of the exchange of a damaged vehicle due to a traffic accident has been paid significantly, in such cases, the exchange price at the time of the traffic accident can only be deemed as an unrepairable cost in economic aspect, and the exchange price at the time of the traffic accident shall be determined as the amount needed to acquire in the middle market, but in special circumstances, such as where there is no agreement between the parties or the market price is formed, one of the fixed-line method or the fixed-line method, which is the depreciation standard, may be used (see, e.g., Supreme Court Decision 2011Da77917, May 24, 2012). In such cases, inasmuch as the cost of the repair of the Plaintiff vehicle due to the said traffic accident exceeds the exchange price of the Plaintiff vehicle at the time of the traffic accident, it is recognized as the exchange price of the Plaintiff vehicle at the time of the traffic accident, and the exchange price at the time of the traffic accident is the standard for depreciation in taxation.