A. The Plaintiff is the owner of CW halog golf 2.0 GTI car (hereinafter “Plaintiff vehicle”), and the Defendant is the insurer of E2.5 tons of cargo vehicles operated by D (hereinafter “Defendant vehicle”).

나. D은 2018. 3. 23. 15:00경 피고 차량을 운전하여 경부고속도로 상행선 중 경주인터체인지에 약간 못 미친 지점을 진행하던 중, 때마침 교통정체로 인하여 비상등을 켠 채 정차해 있던 원고 차량을 뒤늦게 발견하고, 피고 차량으로 원고 차량의 후면을 충격하고, 그로 인하여 원고 차량이 앞으로 밀리면서 그 앞에 있던 다른 차량의 후면을 충격하게 하는 사고를 일으켰다

(hereinafter referred to as “instant accident”). C.

Due to the instant accident, the Plaintiff’s vehicle was destroyed to the extent that it is impossible to repair it.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, and the purport of the whole pleadings

2. Determination

A. According to the above fact of recognition of the liability for damages, D is liable for damages sustained by the Plaintiff, who is the owner of the Plaintiff’s vehicle, due to the instant accident, because D is negligent in neglecting its duty of care to prevent the accident by driving safely by taking into account the front, rear, and left and right, even though it had a duty of care to prevent the accident.

B. 1) According to the market price appraisal results and the entire purport of the argument of the Damage appraiser F equivalent to the exchange value, it can be recognized that the exchange value of the Plaintiff’s vehicle at the time of the instant accident is equivalent to KRW 29,260,000. 2) In a case where the perpetrator or insurer claims against the perpetrator or insurer for the cost of borrowing and lending another vehicle of the same class or class for the same period on the ground that the victim was unable to use the vehicle for a certain period necessary for the repair due to the damage caused by the accident, the borrowing and lending of the relevant vehicle is equivalent