손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Basic Facts
The Plaintiff is the owner of the Plaintiff’s Habrid Habrid car (hereinafter “the Plaintiff’s vehicle”) and the Defendant is the insurer who entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with the owner of the vehicle C inurn (hereinafter “Defendant”) with respect to the vehicle C inurn (hereinafter “Defendant”).
Around 12:00 on December 3, 2015, the driver of the Defendant’s vehicle: (a) concealed the front part of the Plaintiff’s vehicle in front of the vehicle while driving the Defendant vehicle on the intersection of the west-si in the Yellow Sea (hereinafter “instant traffic accident”) and caused the Plaintiff’s vehicle to conceal another vehicle in front of the vehicle (hereinafter “instant traffic accident”).
Due to the instant traffic accident, the Plaintiff’s vehicle accepted coordinates, right-hand fences (exchange), Lienna Panel (Exchange), Tamper Panel (Exchange), etc.
C. The Defendant Company paid a total of KRW 18,939,310 with the repair cost of the Plaintiff’s vehicle (Gong & parts).
[Reasons] The Plaintiff’s assertion that there was no dispute over the Plaintiff’s claim as to the Plaintiff’s evidence Nos. 1, 1, 3, 4, and 1’s each entry and video as well as the overall purport of the pleading, and the cause of the claim as to the Plaintiff’s claim. As such, the Defendant Company, the insurer of the Defendant vehicle, is liable to compensate the Plaintiff for the damages.
The amount of damages when the property owned by the relevant law is damaged due to the tort shall be the cost of repair if it is possible to repair it, and if it is impossible to repair it, the reduced value of exchange shall be the normal amount of damages.
In cases where part of repair remains even after repair, the reduced value of exchange due to impossibility of repair in addition to the repair cost shall also constitute ordinary damages (see, e.g., Supreme Court Decision 2001Da52889, Nov. 13, 2001). However, where repair is possible, the repair cost shall be the same.