손해배상(자)
1. Of the judgment of the court of first instance, KRW 1,023,651 against the Defendant and its related thereto from August 27, 2017 to November 7, 2019.
1. Facts of recognition;
A. The Defendant is a mutual aid business entity that has entered into a mutual aid agreement with the D Union on the vehicles of E, a mutual aid business entity that entered into a mutual aid agreement with the F Co., Ltd.
B. On August 27, 2017, around 16:50, traffic accidents between H vehicles owned by the Plaintiff and the said vehicle (hereinafter “first traffic accident”) occurred between H vehicles owned by the Plaintiff and the said vehicle, and around November 17:30, 2017, between I and the said G vehicles owned by the Plaintiff (hereinafter “second traffic accident”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, each of the descriptions, images, and the purport of the whole pleadings
2. The parties' assertion
A. Due to the traffic accidents in Articles 1 and 2 of the Plaintiffs’ assertion, the Plaintiffs’ vehicles were unable to recover from their original state even if they were technically able to repair due to serious damage, and resulting in the occurrence of the damage to fall in the prices of automobiles (hereinafter “satise damage”).
Therefore, the defendant is obligated to pay the plaintiff A 2,935,00 won, the 5,099,000 won, and the damages for delay on each of the above amounts with compensation for the eclimatic damage.
B. The defendant's alleged fall damage is recognized as ordinary damage only when repair is impossible due to a motor vehicle accident. The plaintiffs' vehicles are restored to their original state through repair work, such as the exchange of parts, painting, and printing fees, and thus no disability remains. Thus, the defendant has no obligation to compensate the plaintiffs for fall damage.
3. Determination
A. When an article was damaged due to a tort in the relevant legal doctrine, the amount of ordinary damages is the cost of repair if it is possible to repair it, the amount of exchange value if it is impossible to repair it, and the amount of decrease in exchange value if it remains impossible to repair it after repair, in addition to the cost of repair, it constitutes ordinary damages.
On the other hand, motor vehicles are the main body of engines or vehicles due to accidents.