1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is the owner of the B bargaining vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity that entered into a mutual aid agreement with the primary transportation company and the Plaintiff for compensation for damages arising from an automobile accident with respect to Csi (hereinafter “Defendant vehicle”).

B. At around 15:30 on June 28, 2016, the driver of the Defendant vehicle: (a) driven the Defendant vehicle and driven the Defendant vehicle in front of the Sinwon-gu Si Mangdong Simbun apartment zone; and (b) was overtaking the Plaintiff vehicle beyond the central line, the driver of the Defendant vehicle shocked the aspect of the Plaintiff vehicle while overtaking the Plaintiff vehicle.

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

Due to the instant accident, the Plaintiff’s vehicle was damaged by the left-hand after-hand fences, the left-hand wheel chairs, etc., and the Defendant paid the Plaintiff KRW 936,00 (=3,000 value-added tax of KRW 863,00,00) equivalent to the repair cost of the said vehicle’s damage.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. According to the Plaintiff’s assertion, in addition to the costs of repairing the Plaintiff’s vehicle, the Defendant suffered damages from the decline in the value of the Plaintiff’s vehicle in 390,000 won, and such decline in the value of the vehicle is not attributable to the payment of the repair cost of the vehicle.

Therefore, the Defendant, who is the mutual aid business entity of the Defendant’s vehicle, is obligated to pay to the Plaintiff KRW 390,000, which is the damage caused by the exchange value decline, and damages for delay.

B. 1) The amount of damages when a portion owned by a tort is damaged is the cost of repair if it is possible to repair it, and if it is impossible to repair it, the amount of reduced value would be the ordinary amount of damages. In the event there remain parts where partial repair is impossible even after repair, in addition to the cost of repair, the reduced value of exchange due to impossibility of repair constitutes ordinary damages (see, e.g., Supreme Court Decision 192Da13