1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

1. Facts of recognition;

A. On December 21, 2017, the Plaintiff, as the owner of C-Vehicles (hereinafter “Plaintiff”), suffered damage from the Plaintiff’s vehicle’s damage due to a traffic accident by E-vehicle (hereinafter “Defendant vehicle”) from the shooting distance near the D elementary school in Sungnam-gu, Sungnam-si (hereinafter “Defendant vehicle”), around December 21, 2017.

B. The defendant is a mutual aid business operator who entered into a mutual aid agreement for the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Plaintiff’s vehicle suffered serious damage to the instant accident, and the Plaintiff’s technical completion of repair is not able to be restored.

Therefore, the Defendant, as a mutual aid business operator of the Defendant vehicle, should pay to the Plaintiff KRW 6,230,000 equivalent to the decrease in the exchange value remaining after repair of the Plaintiff vehicle, and ② KRW 1,023,000 for expenses incurred in issuing an appraisal report on the Plaintiff vehicle ( KRW 660,000 for private appraisal costs).

B. Defendant’s assertion 1) If the repair of a vehicle is possible, the price decline damage cannot be deemed as ordinary damages, barring any special circumstance, and thus, it cannot be acknowledged that there was no predictability for the Defendant. 2) According to the Defendant’s mutual aid agreement, mutual aid money for the price decline damage is paid only to an automobile for which 2 years have not passed since the delivery of the vehicle. The instant accident occurred at the lapse of 2 years after the delivery of the Plaintiff’s vehicle, and thus, the Defendant is not liable to compensate the Plaintiff for the price decline damage.

3 even if the conjunctive defendant is liable for damages, the price of the plaintiff's vehicle shall be calculated by considering the market price of KRW 25,000,000, and the damages shall be calculated by considering the market price of the plaintiff's vehicle.