beta
Text
1. Of the judgment of the first instance, the part against the Plaintiffs, which orders additional payment, shall be revoked.
Reasons
1. Basic facts
A. The Plaintiffs are co-owners of each 50% share of D. 2.5 vehicles (hereinafter referred to as “Plaintiffs”), and the Defendant is liable to compensate for damages under the contract of the Automobile Mutual Aid Association for the vehicles (hereinafter referred to as “Defendant vehicles”) that caused the Plaintiff’s shock in the vicinity of 915 Osan-dong, Osan-dong, 913 around July 25, 2018 (hereinafter referred to as “instant accident”).
B. The Plaintiff’s vehicle from July 25, 2018 to the same year due to the instant accident.
8. Until December 21, 200, the head of the Si/Gun/Gu received repairs, such as replacing the between the between the Twit and the Lane, and the Defendant paid the insurance proceeds of KRW 9,120,000 in total with the repair cost of the Plaintiffs caused by the instant
【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 3, the purport of whole pleadings
2. Determination as to the cause of action
A. Due to the accident of this case asserted by the plaintiffs, there were serious damage to the main external plate and the frame of the vehicle on the used vehicle performance inspection register of the used vehicle as stipulated in Article 120(1) and attached Form 82 of the Enforcement Rule of the Automobile Management Act on the part of the plaintiff's vehicle. Since there remain parts which are impossible to recover from the original state even after the completion of the repair technically possible, the exchange value of 4,240,000 won has decreased even after the completion of the repair, the defendant is obligated to pay each of the above damages to the plaintiffs and delay damages.
B. 1) Determination 1) In a case where an article was damaged due to a tort by relevant legal principles, the amount of ordinary damages is the cost of repair if it is possible to repair, the amount of exchange value if it is impossible to repair, and in a case where part of repair is remaining after repair, the amount of exchange value decreases due to impossibility of repair, in addition to the cost of repair (see, e.g., Supreme Court Decisions 91Da28719, Feb. 11, 1992; 91Da