손해배상(자)
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. The Plaintiff is the owner of the Plaintiff’s vehicle B (hereinafter “Plaintiff’s vehicle”), and the Defendant is the insurer who entered into an automobile insurance contract with the Defendant’s vehicle C (hereinafter “Defendant’s vehicle”).
On November 6, 2016, the driver of the Defendant vehicle driving the Defendant vehicle on the front of the E-cafeteria located in Ma-gu, U.S., and applied the left turn to the left in violation of the signal in front of the E-city located in Ma-gu, U.S., and operated the Plaintiff vehicle directly operated from the Ma-gu, U.S., U.S., U.S., U.S., to the e-mail.
As a result of the instant accident, members of the front gate, the rear, and the set of members of the Plaintiff’s vehicle have been repaired, and the Defendant paid KRW 5,618,000 in total as repair expenses, etc. until November 15, 2016 of the Plaintiff’s vehicle.
[Ground of recognition] The descriptions of Gap evidence Nos. 1, 3 through 5, Eul evidence Nos. 1, 2, and 4 (including each number), video, and the purport of the whole pleadings
2. In the event that an accident involving a related legal entity causes serious damage to the parts, etc. of the main frame of the engine or body, etc. of the engine or body, such damage is caused by the repair and completion of a functional or technical restoration for the operation of the vehicle, even if it is difficult to deem that it completely restored.
This is because, depending on the degree of accidents, damaged parts, etc., the corrosion that checks the external shock or corrosion even after repair has deteriorated even after repair, and there is a probability that the use defect or disability will be remaining as a result of the reduction of the period of use due to the weakening of the strength of the vehicle, the generation of corrosion or noise vibration on the repair part, etc., or the high rate of the occurrence of the malfunction.
Therefore, in the event of an accident that causes serious damage to the main structural part of a motor vehicle due to damage to the main structural part of the motor vehicle, it shall not be restored even if it is technically possible, unless there are special circumstances.