손해배상(기)
1. The decision of the first instance court is modified according to the reduction of the plaintiff's purport of the claim in the trial as follows.
The defendant.
1. Basic facts
A. The Plaintiff is the owner of CMW 230d passenger vehicles (hereinafter “instant vehicle”), and the Defendant is an insurance company that entered into an automobile insurance contract with the owner of DF Bata (hereinafter “AW”).
B. On June 14, 2018, around 3:30 on June 14, 2018, the Plaintiff was involved in a traffic accident where the driver of the sea-going vehicle, who driven a drinking alcohol in front of the Fow located in Ulsan-gu E, Ulsan-gu, was unable to detect the instant vehicle and shocking the rear side of the said vehicle (hereinafter “instant accident”).
C. Due to the instant accident, the Plaintiff suffered damage from damage to the Libya Panel (U.S. Panel), quiter Panel (U.S. Panel), Tweld, etc. of the instant vehicle.
The defendant decided to pay the plaintiff the liability insurance amount of KRW 11,182,830 in total, such as treatment costs, repair costs, towing costs, etc.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Summary of the parties' arguments
A. The Plaintiff suffered serious damage to the instant vehicle due to the instant accident, and the said vehicle has technically completed repair but remains unreparable parts.
Therefore, the Defendant is liable to compensate the Plaintiff for damages equivalent to KRW 2,850,000, equivalent to the decrease in the value of exchange remaining after repair of the instant vehicle, as the insurer of the automobile insurance contract for the sea-going vehicles.
B. Defendant 1) According to the Defendant’s automobile insurance policy, the liability for damages caused by the decline in the value of the vehicle is determined to pay insurance proceeds only to the vehicle for which two years have not passed since its release. However, since the instant vehicle was in the condition of two years after its release, the Defendant is not liable for compensating for damages caused by the decline in the market price of the said vehicle. (ii) Only if there remain parts that could not repair the said vehicle, the reduced value of the vehicle is compensated for damages.