손해배상(자)
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
(b).
1. Basic facts
A. The plaintiff A is the owner of the D vehicle, the plaintiff B is the owner of the E vehicle (hereinafter referred to as the "motor vehicle of the plaintiff") and the plaintiff B is the owner of the E vehicle (the name of the plaintiff when they are individually named).
B. The defendant is an insurer who has concluded a comprehensive motor vehicle insurance contract with respect to each of the collisions between the plaintiffs' vehicles as seen below.
C. On February 24, 2017, around 15:10, an accident occurred where a melting the front vehicle with the front vehicle by drilling the rear of the Plaintiff A vehicle. On April 5, 2017, other melting vehicles conflicted with the rear of the Plaintiff B vehicle, respectively. < Amended by Presidential Decree No. 27204, Apr. 5, 2017>
Each of the accidents of this case occurred by the total negligence of each of the above Lives.
[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiffs' assertion that the accident in this case has caused serious damage, such as damage to the main structural part of the plaintiffs' vehicle due to the main structural part of the accident in this case, and there remain parts not to be restored to their original state even after completion of technically possible repairs. Thus, the defendant is liable to compensate the plaintiffs for damages caused by price drop.
B. (1) When an article is damaged due to a tort, the amount of ordinary damages shall be the cost of repair if it is possible to repair it, and the exchange value shall be reduced if it is impossible to repair it.
Where part of repair is not possible even after repair remains, the reduced value of exchange due to the impossibility of repair in addition to the repair cost falls under ordinary damages.
(see, e.g., Supreme Court Decisions 91Da28719, Feb. 11, 1992; 2001Da52889, Nov. 13, 2001). However, in a case where a motor vehicle causes serious damage to the main structural frame of the engine or body due to an accident, it is impossible to reinstate the motor vehicle, barring any special circumstance, even if its repair is completed technically possible.