1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. The Plaintiff is the owner of QM5 vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is the insurer who concluded the automobile insurance contract with respect to the vehicle C (hereinafter “Defendant”).

B. On February 27, 2017, around 19:04, the Defendant’s vehicle shocked the front side of the Plaintiff’s vehicle that was waiting for U-turn in the West-dong, Seo-gu, Seo-gu.

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

The Defendant paid to the Plaintiff KRW 21,523,00,000 for the repair cost of the Plaintiff’s vehicle due to the instant accident, and KRW 21,523,00 for the rental cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion constitutes an accident with serious damage, such as destruction of major structural parts of a motor vehicle, and thus, even if the repair was completed technically possible, the repair impossible part was left, and the resulting damage to the price of the motor vehicle occurred. As such, the Defendant is liable to compensate the Plaintiff for the amount of KRW 4,770,000 for the decline in the market price of the motor vehicle.

B. The Defendant’s assertion ① According to the Defendant’s personal automobile insurance clause, only the automobile that is less than two years after the release is compensated for the decline in the automobile tax. Since the Plaintiff’s vehicle was more than two years and six months after the release at the time of the instant accident, the Plaintiff’s loss on the decline in the Plaintiff’s vehicle is not subject to insurance money under the terms

(2) The aggregate amount of repair costs and village damages shall not exceed the exchange value. 18,50,000 won for the repair cost already paid by the Defendant is already higher than the market value of the same kind of vehicle, and thus, it cannot be additionally recognized even for the village damage.

3. Determination

(a) When an article is damaged due to a tort, the amount of ordinary damages shall be the repairing cost if it is possible to repair it, and the exchange value if it is impossible to repair it shall be the decreased and even after repair is completed;