The Plaintiff is the owner holding 9% shares of QM3 Vehicles (hereinafter “Plaintiff”), and the Defendant is an insurance company that entered into a comprehensive automobile insurance contract with the driver E of DI30 vehicle (hereinafter “Defendant vehicle”).

B. On December 17, 2018, at around 23:49, the Defendant’s vehicle was running an access road to the tunnel in front of the Handung-dong, Busan, a hot spring-dong, which was located on the front side, and was shocked from the rear bank. due to the shock, the Defendant’s vehicle shocked the front bank of the Plaintiff’s vehicle located on the front bank, and as a consequence, the Plaintiff’s vehicle shocked the front bank (hereinafter “instant accident”). As a result, the instant accident occurred from among the 4-ini vehicle on the front bank of the front bank (hereinafter “instant accident”).

C. The Defendant paid KRW 7,263,742 to the Plaintiff for the repair cost of the Plaintiff’s vehicle due to the instant accident.

2. The parties' assertion

A. Due to the instant accident caused by the total negligence of the Plaintiff’s vehicle, the Plaintiff’s vehicle had a significant damage to its major structural frame, etc., and even if technically possible repair is completed, it became impossible to repair the Plaintiff’s vehicle to restore it to its original state.

Therefore, the Defendant is obliged to pay the Plaintiff KRW 3,120,000 and damages for delay for the loss of the Plaintiff’s vehicle caused by the instant accident.

B. The defendant, the insurer, has a duty to pay only to the plaintiffs within the scope of the terms and conditions of the automobile comprehensive insurance that was concluded with the policyholder, since the defendant concurrently accepts the damage within the scope of the terms and conditions.

3. Determination

(a) The major frame of the motor vehicle that has caused the damage liability shall be damaged, etc.