1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. The Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to B vehicles (hereinafter “Korean vehicle”).

B. At around 01:40 on November 9, 2013, C driven the Defendant’s vehicle while driving the vehicle in front of the Cheongju-dong MBC Broadcasting Station, Cheongju-gu, Hoju-dong, Hoju-do, and driving the vehicle in front of the Cheongju-dong MBC Broadcasting Station, and was stopping from the front bank to the signal signal atmosphere, and the Plaintiff’s KSN was shocked. (hereinafter “Plaintiff’s vehicle”).

(hereinafter “instant accident”). C.

Plaintiff

A vehicle has been repaired due to this accident, such as the exchange and marketing of a member of a Rigian, a string fluor, a Liend Panel, etc., and the defendant paid 5,665,209 won in total of its repair cost as insurance money.

Plaintiff

The vehicle is registered on May 7, 2010, about 48,468km at the time of the instant accident, and the used distance immediately before the instant accident is KRW 18,510,000.

[Based on recognition] Gap evidence 2 (including paper numbers; hereinafter the same shall apply), Eul evidence 1, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff alleged that the main structural part of the plaintiff's vehicle was damaged due to the accident in this case, and the economic defect caused by the accident remains unrepairable and suffered loss from the decline in the value of the plaintiff's vehicle in KRW 3,985,900. This constitutes ordinary damage, and thus, the defendant, who is the insurer of the vehicle in this case, is liable to compensate the plaintiff for the above loss.

B. (1) The amount of damages when the property owned by a tort is damaged shall be the cost of repair if it is possible to repair it, and if it is impossible to repair it, the reduced value shall be the normal amount of damages.

Even after repair remains, the reduced value of exchange due to the impossibility of repair in addition to the repair cost shall also fall under ordinary damages. However, Supreme Court Decision 12 dated Feb. 11, 1992