손해배상(기)
1. According to the expansion of the purport of the claim by this court, the judgment of the first instance is modified as follows.
The defendant.
1. Facts of recognition;
A. The Plaintiff is the owner of the CD vehicle (hereinafter “Plaintiff vehicle”).
B. On July 6, 2017, at around 14:23, 2017, the driver F of the E-Wed vehicle, which entered into a comprehensive automobile insurance contract with the Defendant (hereinafter “Defendant vehicle”) entered the third line from the road at a location of 123.6 km away from the 3rd line at the seat of the Gyeong-dong, Daegu-gu, Daegu-gu, to avoid the collision with the 1st line, the vehicle re-enters into the 3rd line to avoid the collision with the 1st line, and the Defendant’s vehicle entered the 1st line to the 1st line, led to an accident where the front part of the right side, the front part of the left side and the left side part of the Plaintiff’s vehicle (hereinafter “instant accident”).
C. As a result of the instant accident, the parts of the Plaintiff’s vehicle were entirely destroyed and repaired, such as replacing Fit Panel, Liart, penter, lifts, and backboards, etc., and the Defendant paid KRW 37,700,000 to the Plaintiff as repair cost, KRW 320,000, and KRW 660,000 to the cost of exchange for typing glass.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. According to the above recognition of the liability for damages, since the accident of this case occurred by unilateral negligence on the part of the defendant vehicle, the defendant is liable for the damages suffered by the plaintiff as an insurance company of the defendant vehicle.
3. Scope of liability for damages
(a) Claim for damages resulting from the decline in exchange value (i.e., serious damage to an engine or body caused by an accident to its major structural frame, etc., if the automobile is repaired and completed a functional or technical restoration for the operation of the engine or body, it is difficult to deem that the automobile was completely restored to its original state;
Repair shall be made according to the degree of the accident, the damaged part, etc.