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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. On April 11, 2018, the Defendant’s driver of an insured vehicle: (a) sent the instant accident involving C Motor Vehicles (hereinafter “instant Motor Vehicles”); and (b) due to this, the instant motor vehicle was destroyed.
Although there is no material to specify the place of the instant accident or the insured vehicle of the Defendant, the Defendant recognized that the instant accident occurred due to the Defendant’s negligence by 100% of the driver of the insured vehicle, and is responsible for compensating the Defendant for the full amount of damages incurred therefrom.
B. The Plaintiff, as a lessee of the instant vehicle, acquired the right to claim damages against the decline in the prices of the instant vehicle caused by the instant accident from D Co., Ltd., the owner, and notified the Defendant of the fact of transfer by serving a duplicate of the instant complaint
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 6, the purport of the whole pleadings
2. Determination
(a) When an article is damaged due to one tort caused by a decline in exchange value, the amount of ordinary damages shall be the repairing cost if it is possible to repair it, and when it is impossible to repair it, the exchange value decrease;
Where part of repair is not possible even after repair remains, the exchange value reduction due to the impossibility of repair in addition to the repair cost shall also constitute ordinary damages.
Meanwhile, in the event of an accident causing serious damage to the main structural part of a motor vehicle due to the destruction of the main structural part of the motor vehicle, it is in accordance with the empirical rule to view that even if the construction is technically feasible, the repair impossible parts remain, barring any special circumstances. Accordingly, the damage resulting from the decline in the price of the motor vehicle constitutes ordinary damages.
The reason and degree of the accident, the parts and seriousness of the damage, the repair method, the annual formula and mileage of the automobile, and the value of the automobile at the time of the accident.