손해배상(기)
1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.
2...
1. Basic facts
A. The Plaintiff is the owner of B’s “cruise” vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer of C-owned D vehicle (hereinafter “Defendant”).
B. On June 21, 2015, the Plaintiff received the front right side of the Plaintiff’s vehicle from the Defendant’s front side while driving the Plaintiff’s vehicle at the entrance of the Aju-dong, Aju-dong, Aju-dong.
(hereinafter referred to as “instant accident”). C.
In the instant accident, the repair cost was required to be KRW 7,612,430 due to the substantial damage to the right side of the front part, and the Defendant recognized that the instant accident was caused entirely by the negligence of the Defendant, and paid KRW 8,375,630 in total and KRW 763,200.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, Eul's 2, and the purport of whole pleading
2. The parties' assertion
A. Due to the instant accident, the Plaintiff’s vehicle caused irreparable damages, which led to a decrease in the exchange value of KRW 2,361,665. This is ordinary damages, or even if it is a special damages, the perpetrator can sufficiently be aware of the decrease in exchange value. Therefore, the Defendant, who is the insurer of the Defendant’s vehicle, is liable for compensation.
B. Defendant 1) The Plaintiff’s vehicle did not have any number of parts that could not be repaired, and even if there was a decrease in the exchange value, this is a special damage. There is no evidence to acknowledge the fact that the Defendant’s driver knew or could have known it. (ii) According to the Defendant’s general motor vehicle insurance clause for personal use, the Plaintiff’s vehicle compensates for the decline in the market price only for the vehicle that was less than two years after delivery. However, the Plaintiff’s vehicle is not subject to the decline in market price at the time of the accident on August 24, 201.
3. Determination
A. The amount of damage that is caused by a tort that occurs in the course of liability for damages shall be acceptable.