손해배상(자)
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
1. Basic facts
A. The Plaintiff is the owner of the B-cruise Passenger Vehicle (hereinafter “instant damaged vehicle”) and the Defendant is a mutual aid insurer who entered into a motor vehicle mutual aid agreement with the Defendant to compensate for damage caused by an accident during operation with respect to C-cab owned by Taeyang Transportation Co., Ltd. (hereinafter “instant damaged vehicle”).
B. On March 16, 2013: (a) around 3:30 on March 16, 2013, the accident occurred that caused the instant damaged vehicle, which was normally straight from the area of the port of port to the area of the port of port at the port of the Ulsan Central Hospital, while the instant Maritime Vehicle turned back from the area of the back High School to the area of the post-Spool Elementary School located at the Mapo-gun, Mapo-gun, Mapo-gun, Mapo-do. (hereinafter “instant accident”).
C. In the instant accident, the damaged vehicle damaged the front wheeler, front wheeler, front wheeler, front wheel presses, etc., and the Defendant paid KRW 500,000 to the Plaintiff for the repair cost of the damaged vehicle, KRW 825,00 for the damage compensation for the automobile fall.
[Reasons for Recognition] Facts without dispute, Gap 1, 2, 4, Eul evidence No. 1, the purport of the whole pleadings
2. The parties' assertion
A. Since the Plaintiff’s alleged damage occurred even after repair due to a decrease in the exchange value of KRW 4,193,069, the Defendant is obligated to pay the remainder of the damages calculated by subtracting KRW 825,000 from the above KRW 4,193,069 as the compensation for the fluctuation in market price, and the delay damages therefrom.
B. The Defendant’s assertion that the damage caused by the destruction of the damaged vehicle of this case was compensated for by paying KRW 825,00,000 for the repair cost, and the amount of KRW 5.5 million calculated according to the terms and conditions of mutual aid. Thus, the Plaintiff’s claim cannot be complied with.
3. Determination
(a) The amount of damages in the event of damage to an article due to a tort is equivalent to the cost of repair if it is possible to repair it, and the amount of damages in the event it is impossible to repair it shall be reduced.