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 the owner of Benz E250 CDA 4MATIC vehicle (hereinafter “Plaintiff vehicle”).

B. On March 5, 2015, at around 13:46, the Plaintiff’s vehicle C (hereinafter “Defendant’s vehicle”) was driving on the road near the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju.

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

The defendant is an insurer who has concluded an automobile insurance contract against the defendant vehicle.

The Defendant paid KRW 22,900,000 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

Plaintiff

The vehicle was about five months from the date of delivery at the time of the instant accident. At the time of the instant accident, the market value of the used vehicle was about 61,190,000 won, and the new used price was 68,200,000 won.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, Eul's 1, Eul's 1, the result of the appraisal commission to appraiser D by the court of the first instance, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion caused damage to the Plaintiff’s vehicle, even after completion of repair due to the instant accident, thereby resulting in a fall in the exchange value due to the impairment of the vehicle’s use period, the function, aesthetic impairment, etc. of the vehicle’s body and the accident-related power remaining.

Therefore, the defendant is obligated to pay to the plaintiff 12,340,000 won and damages for delay.

B. Since the Defendant’s assertion that the repair of the Plaintiff’s vehicle is completed and is normally operated, it cannot be deemed that the part that cannot be repaired remains.

In addition, if the repair is possible, the damage caused by the decline in the exchange value in addition to the repair cost is a special damage and it cannot be recognized.

Therefore, the defendant is not liable for compensation for the portion exceeding 15% (3,435,00 won) of the repair cost recognized in accordance with the automobile insurance clause for the damage caused by the decline in the market price of the plaintiff's vehicle.

3. Determination

(a) An ordinary course of business when ownership has been damaged due to a tort;