손해배상(자)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. The Plaintiff is the owner of the “Neow” car (hereinafter “victim”), and the Defendant is a stock company with the purpose of insurance business, etc.
B. On August 24, 2014, at around 15:35, the Plaintiff is driving a damaged vehicle in the vicinity of the Jak-gu Office located 30 km in Seocheon-gu Busan (Gupo).
The defendant's comprehensive motor vehicle insurance accident was caused by the accident caused by the marine accident (hereinafter "the accident of this case").
C. The damaged vehicle is the first registered vehicle on August 6, 2013, and the odometer of the damaged vehicle was 11,752 km at the time of the instant accident.
The injured vehicle was destroyed in front of the victimized vehicle due to the instant accident, such as “a member of the members, a center, a member of a community, a DNA,” etc. In this regard, the Plaintiff received repair of the vehicle equivalent to KRW 14,520,000 for repair cost, and the Defendant paid the full repair cost.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 2 and the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion that there was a fall in the market price of the damaged vehicle due to the accident of this case, so the defendant shall compensate the plaintiff for the damages equivalent to the fall in the market price.
B. It cannot be deemed that the period of use is reduced or that the function and aesthetic impairment remains even after the repair is impossible or repaired due to the minor destruction of individual parts that facilitate the exchange of vehicle damaged by the Defendant and do not affect the vehicle function.
Therefore, there is no damage to the market price due to the accident of this case.
3. Determination
A. According to the fact that the judgment on the cause of the claim 1 is recognized as above, the instant accident occurred due to the negligence of the driver of the household, who purchased the Defendant’s comprehensive automobile insurance policy, and thus, the Defendant incurred the damage caused by the instant accident to the Plaintiff.