손해배상금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. The plaintiff asserted that the plaintiff asserts that the plaintiff, "The plaintiff, as of October 12, 2015, B Bana car owned by the plaintiff, was damaged by the defendant's insured automobile accident from the defendant's insured automobile at the intersecting point of view, as of October 15, 2015, as of the Ocheon-gu, Ocheon-gu, Busan, and as of the middle school, etc.,., the defendant is liable to pay to the plaintiff 2,850,000 won and damages for delay equivalent to his own car value decline."
On the other hand, the Defendant asserts that “The damaged part of the Plaintiff’s automobile due to the foregoing accident has completed the repair, and all insurance proceeds were paid. The value decline damages caused by the traffic accident are recognized as ordinary damages only to the extent that it is impossible to repair, and it is nothing more than special damages for the part that was repaired. Therefore, insofar as the value decline damages claimed by the Plaintiff are not proven to have known or could have known of it due to the special damages, the Defendant shall not be obliged to bear such damages.”
2. Determination as follows: In a case where an article was damaged due to a tort, the amount of ordinary damages shall be the cost of repair if it is possible to repair it; in a case where repair is impossible, the amount of exchange value shall be the reduced; and in a case where a part of repair is not possible remains even after repair is repaired, the amount of exchange value shall also be the reduced amount due
Meanwhile, in the event that an automobile causes serious damage to the engine or body’s main structural part, etc. caused by an accident, it may be difficult to view that the automobile was completely completely restored even if it was repaired and completed a functional or technical restoration for the operation of the engine or body.
Therefore, in the event of an accident that causes serious damage to the main structural part of a motor vehicle due to damage to the main structural part of the motor vehicle, there are no special circumstances even if the repair is technically feasible.