1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The plaintiff is the owner of the B i40 vehicle (hereinafter "Plaintiff vehicle"), and the defendant is the following B.

It is an insurer who has entered into an automobile insurance contract with respect to navigation vehicles.

B. On August 24, 2015, the driver of a luxed vehicle C and below caused an accident between the Daegu Dong-dong, Daegu-dong, 2012 and the Habato-do apartment on August 24, 2015, which shocks the rear part of the Plaintiff vehicle.

(hereinafter “instant accident”). C.

On October 23, 2015, the Defendant paid to the Plaintiff the repair cost of KRW 4.4 million and the rental fee of KRW 3.122 million for the repair period of 32.2 days as insurance money. D.

On the other hand, the Plaintiff’s vehicle was the first registered vehicle on September 18, 2014, and around 11 months passed since its registration at the time of the instant accident, and about 17,194 km of the odometer.

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

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion was destroyed by the instant accident, such as the driver’s seat spread, machine fembemb, fluor, link twit, etc., and caused a drop in exchange value of KRW 1,243,204, as the Plaintiff’s accident occurred after repair, which led to a drop in the exchange value of KRW 1,243,204, and thus, the Defendant, the insurer of the vehicle, is obliged to pay damages to the Plaintiff for the amount of KRW 1,243,204 as compensation for damages.

B. 1) The amount of damages when an article was damaged due to a tort shall be the cost of repair if it is possible to repair it, and if it is impossible to repair it, the amount of reduced exchange value shall be the ordinary amount of damages. In the event there remain parts where partial repair is impossible after repair, in addition to the cost of repair, the reduced exchange value due to impossibility of repair shall also constitute ordinary damages (see, e.g., Supreme Court Decision 13 November 13, 2001).