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. Basic facts
A. The Plaintiff is the owner of B K5 automobiles first registered on September 29, 201 (hereinafter “instant vehicle”) and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to C Vehicle (hereinafter “instant Maritime Vehicle”).
B. On March 7, 2014, there was an accident in which the instant vehicle shocked the instant vehicle due to the maintenance of safety distance in front of Magcheon-gu, Seo-gu, Gwangju (hereinafter “instant accident”) around March 7, 2014.
C. In the instant accident, the instant vehicle was destroyed by a rier, etc., and the repair cost of 1,417,000 won (i.e., the 671,000 won portion for vacant 671,00 won) was required, and the Defendant paid the repair cost to the maintenance business entity upon completion of the repair.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4 and the purport of the whole pleadings
2. Determination as to the cause of action
A. It is difficult to expect that the condition of the instant vehicle will be restored to its original state due to the repair, in light of the damaged parts and the parts requiring repair, the contents of the accessories, and the amount of repair costs, etc. of the instant vehicle asserted by the Plaintiff.
Since the exchange price of the instant vehicle (the market price of the instant vehicle) declineed to KRW 1,240,00 due to the instant accident, and KRW 275,00 as the issuing cost of the assessment statement on the value of the vehicle involved in the accident, the Defendant is obligated to compensate the Plaintiff for the KRW 1,515,00 (= KRW 1,240,000) and damages for delay.
B. In a case where damage is inflicted on an article due to a tort 1, the damage is ordinarily attributable to the cost of repair if it is possible to repair the article, the decrease in the value of exchange when it is impossible to repair the article, and the decrease in the value of exchange due to impossibility of repair in addition to the cost of repair where a part of repair remains after repair.
In addition, the vehicle is damaged by the collision accident, but it is repaired.