1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

1. Basic facts

A. The Plaintiff is an owner of a BG vehicle (hereinafter “victim”).

B. On September 26, 2015, the Plaintiff’s spouse was driving a damaged vehicle in the vicinity of the temporary closure of the Dong-dong on permanent residence on September 26, 2015. However, the Plaintiff’s spouse concealed the back of the damaged vehicle under the D’s vehicle (hereinafter “sea-owned vehicle”).

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

The defendant was an insurer who entered into an insurance contract with a marine vehicle, and paid KRW 8,062,630 to the plaintiff at the repair cost of the damaged vehicle.

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

2. Determination as to the cause of action

A. The plaintiff asserts that since the accident in this case occurred not only the repair cost but also the exchange value decline traded in the middle and high-class market, the defendant is liable for compensation.

B. The amount of damages when the possession of an article was damaged due to a tort shall be the cost of repair if it is possible to repair it, and, if it is impossible to repair it, the reduced value of exchange shall be the ordinary amount of damages. If it remains impossible to repair it after repair, the reduced value of exchange due to impossibility of repair in addition to the cost of repair shall be the normal amount of damages.

(See Supreme Court Decision 91Da28719 delivered on February 11, 1992, etc.) In addition, even if a vehicle involved in an accident does not have any external or functional impairment after repair, it conforms to the empirical rule to deem that the exchange value decreases solely on the ground that the vehicle is a vehicle with an accident-related power, barring special circumstances, such as very minor.

According to the health stand and evidence evidence evidence Nos. 6 to 8, the damaged vehicle was damaged by various external plates and the structural frame of the vehicle due to the accident of this case, and there was an exchange, a printing, and a repair process for each side.