손해배상(기)
1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.
1. Facts of recognition;
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 that has concluded a motor vehicle insurance contract with respect to each of the collisions between the Plaintiffs’ vehicles as seen below.
C. On October 11, 2018, an accident in which a sea-going vehicle tows Plaintiff A’s backlight, and another sea-going vehicle, on November 27, 2018, led to an accident in which other sea-going vehicles repair the left side of Plaintiff B’s left side.
Each accident of this case occurred due to the total negligence of each of the above Lives. D.
The Defendant paid KRW 1,320,00 to Plaintiff A and KRW 2,437,50 to Plaintiff B in order to preserve the decrease in the exchange value of the Plaintiffs’ vehicles.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-1 and 2-2, the purport of the whole pleadings
2. The assertion and judgment
A. (1) The parties' assertion (1) The part that was technically possible after completion of repair due to serious damage, such as damage to the main structural frame of the plaintiffs' vehicle due to each accident of this case remains impossible to recover. Therefore, the defendant is liable to compensate the plaintiffs for damages arising from price drop.
(2) It is reasonable in light of the principle of equity to consider only the damage on the part of the plaintiffs' vehicle damages, other than the outer upper part, as the subject matter of compensation for damages. Therefore, the amount of damages by the appraiser calculated by including the damage on the outer upper part, is excessive.
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 impossible even after repair remains, the reduced value of exchange due to the impossibility of repair in addition to the repair cost shall also be incurred normally.