2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

A. The Plaintiff, as the owner of BMW 528i vehicle (hereinafter “Plaintiff”), was involved in an accident where the part of the Plaintiff’s vehicle was destroyed due to the Defendant’s vehicle covered by the automobile insurance.

(hereinafter “instant accident”). (b)

Due to the instant accident, the Plaintiff’s vehicle was repaired by adjoining, painting, and printing work, and the Defendant paid KRW 4,092,000 in accordance with the Defendant’s automobile insurance terms and conditions in relation to the damage to the market price of the Plaintiff’s vehicle caused by the instant accident.

[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 4 (including additional numbers), Eul's 1, the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s assertion caused a decline in the value of the Plaintiff’s vehicle to KRW 13,90,000 due to the instant accident, the Defendant is obligated to pay the Plaintiff the amount of KRW 8,148,000 out of the remainder, excluding the amount of KRW 4,092,00 paid by the Defendant from the exchange value decline amount.

B. In order to recognize the Defendant’s alleged market price decline damage, there must remain parts that could not be repaired even after repair. However, the part that could not be restored to the Plaintiff’s vehicle can not be deemed to remain due to the reason that the Plaintiff performed the work of melting, painting, and printing with the Plaintiff’s vehicle during the repair process, and there is no basis to deem that the Plaintiff’s vehicle caused the Plaintiff’

3. Determination

A. The amount of damages when the goods were damaged due to a tort shall be the cost of repair if it is possible to repair them, and, if it is impossible to repair them, the reduced exchange value shall be the ordinary amount of damages. If parts are remaining impossible to repair after repair, the reduced exchange value shall be the normal amount of damages in addition to the cost of repair.

Supreme Court Decision 2001Da5289 Delivered on November 13, 2001