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1. Of the judgment of the court of first instance, the part against Plaintiff B, which orders payment below, shall be revoked.
Reasons
1. Facts of recognition;
A. The Plaintiffs are owners of each passenger vehicle indicated in the column of the vehicle in the following table:
Each car was destroyed by each traffic accident listed in the following table.
(2) On November 23, 2018, Plaintiff AD K3 on the date, time, place, etc. prior to the date, time, and place of the first registration of the owner’s vehicle accident, and on November 22, 2018, Plaintiff B EM6 March 17, 2016, the remainder of the damaged vehicle, which was parked in driving while driving under the influence of alcohol at the Cheongdong-dong, Cheongdong-dong, Cheongdong-dong, Daejeon on August 25, 2015.
B. The Defendant is an insurer who has concluded an automobile insurance contract with respect to each of the foregoing vehicles for damage caused by a traffic accident.
[Ground of recognition] Facts without dispute, Gap evidence 1-3, 4, 2-3, and 4-4 of evidence Nos. 1-3, and the result of the commission of appraisal to the appraiser F of the first instance court, the purport of the whole pleadings
2. The parties' assertion
A. Each passenger car claimed by the plaintiffs had significant damage, such as destruction of the main structural part due to each of the above traffic accidents, making it impossible to repair the car which is technically possible to restore to its original state, even if it has been repaired, and the resulting damage caused by the decline in the price of the car (the “satise damage”).
Therefore, the defendant should pay the plaintiff A 2,570,000 won, the plaintiff B 4,010,000 won, and the damages for delay on each of the above amounts.
B. The Defendant’s assertion 1) The Plaintiffs’ vehicles are two-time accidents, and each accident should be considered when calculating the decline damage. 2) The result of the first instance court’s appraisal commission reflects the damage of the outer upper part, which cannot be considered as a major framework, as a price decline factor, thereby including the part that cannot be considered as ordinary damage in the scope of damage.
3 The result of the appraisal commission of the first instance court applied the average odometer of the vehicle at 20,000 km a year to evaluate the value of the vehicle of the plaintiffs.
3. Determination
(a)in accordance with the decline of exchange value;