손해배상(자)
1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim as to the part of revocation shall be filed.
2.
1. Facts of recognition;
A. The Defendant is a mutual aid business entity that entered into a motor vehicle mutual aid agreement with respect to B-si (hereinafter “Defendant vehicle”).
B. On July 18, 2014, at around 08:05, the Defendant’s vehicle collisioned DB Kaman vehicle owned by the Plaintiff (hereinafter “Plaintiff’s vehicle”) on the front of the Seoul Central Elementary School (hereinafter “instant accident”). Accordingly, the Plaintiff’s vehicle was repaired on the front of the Seoul Central Elementary School (hereinafter “instant accident”). As a result, the Plaintiff’s vehicle was mainly destroyed and damaged by the rear side, exchanged the Egypt panel, LWWn Panel, etc., and was repaired in contact with the Eglass panel, etc. on a display basis.
C. On September 3, 2014, the Defendant paid to the Plaintiff KRW 1,30,000, KRW 15% of the repair cost of the Plaintiff’s vehicle, KRW 100,000, and KRW 50,000 of the towing cost, according to the terms and conditions of automobile mutual aid concluded with respect to the Defendant’s vehicle.
Plaintiff
The vehicle was first registered on March 21, 2014, and the odometer was 8,925 km at the time of the instant accident, and the height was 26,040,000 won.
[Ground of recognition] The facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1 and 2 (including each number), part of the results of automobile appraisal conducted by appraiser E in the first instance trial (excluding the part rejected in the front) and the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The plaintiff asserted that the main structural part of the plaintiff's vehicle that was not located within three months after the plaintiff purchased due to the accident in this case was destroyed by the main structural part of the plaintiff's vehicle, which caused the plaintiff's functional defect, thereby causing damage to the plaintiff's vehicle that caused a decline in the market price of KRW 5,940,000, and thus, the defendant, who is a mutual aid business operator for the defendant's vehicle,
B. (1) The amount of damages when the property owned by a tort is damaged shall be the cost of repair if it is possible to repair it, and if it is impossible to repair it, the reduced value shall be the normal amount of damages.
. Partial repairs even after repair.