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
The first instance court.
1. Facts of recognition;
A. The Plaintiff is the owner of B-car volume (hereinafter “victim”), and C is the driver of D-car (hereinafter “A-car”), and the Defendant is the insurer who entered into the said automobile insurance contract with C.
B. On June 29, 2015, at around 10:00, the Plaintiff stopped the damaged vehicle pursuant to the new subparagraph from the geographical distance of the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul, the front part of the damaged vehicle.
C. On July 10, 2015, the damaged vehicle completed repair, and the Defendant paid KRW 5,129,000 to the repair cost.
[Reasons for Recognition] Facts without dispute, Gap's statements and images, and the purport of the whole pleadings
2. In light of the actual situation of the work conducted at the actual maintenance plant, it is not easy to reinstate the damaged vehicle due to the tort caused by the stroke driving of C, which entered into an insurance contract with the Defendant claiming the Plaintiff, and there are parts that make it impossible to repair the damaged vehicle, such as the difference of painting, low vibration, materials deterioration, painting, painting, thickness imbalance of painting, materials deterioration and robbery, etc.
Since there is a decrease in exchange value due to halogation on damaged vehicles, the Defendant is obligated to pay the total of KRW 2,410,937 and KRW 2,415,937, which are damages for the decline in exchange value of damaged vehicles, to pay KRW 2,415,937.
3. The amount of damages when the goods were damaged due to the illegal act in the board shall be the cost of repair if it is possible to repair them. If it is impossible to repair them, the reduced value of exchange shall be the ordinary amount of damages. In the event there remain parts where partial repair is impossible after repair, in addition to the cost of repair, the reduced value of exchange due to the impossibility of repair shall be the ordinary amount of damages (see Supreme Court Decision 2001Da52889, Nov. 13, 2001).