손해배상(자)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 4:
B, around 14:30 on June 20, 2015, while under the influence of alcohol, while driving C vehicle and driving six lanes in the direction of sexual mountain zone in the direction of the 6-lane, C vehicle owned by the Plaintiff by the Plaintiff (hereinafter referred to as “instant vehicle”) in the direction of the 5-lane in the direction of sexual mountain zone was predicted.
(hereinafter “instant traffic accident”). B.
The defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to vehicles C.
C. After the instant traffic accident, the Plaintiff repaired the instant vehicle under the Defendant’s payment guarantee, and the Defendant paid KRW 5,945,000 to the repair company as repair cost.
2 Judgment on the Plaintiff’s argument
A. After the repair, the purport of the Plaintiff’s assertion lies in the reduction of the use period, the function and aesthetic impairment, and the accident-related power remains, and thus, the loss was caused by which the exchange value was reduced. Such loss falls under ordinary damages because it is impossible to repair. Even if the above loss was caused by special circumstances, B, which caused the instant accident under drinking, was aware or could have known of the occurrence of the loss due to the above exchange value reduction. Thus, the Defendant, the insurer of the C vehicle, is obliged to pay the Plaintiff KRW 4,070,000, which is equivalent to the amount of the exchange value reduction due to tort compensation.
B. The amount of damages when the goods are 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, and if there remain parts that cannot be partially repaired after repair, the exchange value due to impossibility of repair in addition to the cost of repair.