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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is the owner of the Cranchising vehicle (hereinafter “Plaintiff”), and the Defendant is the owner of D ready-mixed vehicle (hereinafter “Defendant vehicle”), and the Samsung Fire Marine Insurance Co., Ltd is the insurer that entered into a comprehensive automobile insurance contract with the Defendant vehicle.
B. On April 28, 2014, the Defendant: (a) driven the Defendant’s vehicle, which was in the vicinity of the ridge dong-dong Blue Road intersection; and (b) neglected to perform its duty of care; (c) caused an accident that meets the 12 automobiles, such as the Plaintiff, etc., who was in the atmosphere at the entrance of the front Blue Underground Road at the time of the failure to perform the duty of care (hereinafter “instant accident”).
C. The negligence of the Defendant vehicle in the instant accident is 100%.
Samsung Fire & Marine Insurance Co., Ltd paid 18,340,610 won to the Plaintiff, including 15,309,000 won and 3,031,610 won, in accordance with the automobile insurance policy.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, the purport of the whole pleadings
2. Occurrence of liability for damages;
A. The Plaintiff’s alleged vehicle repaired the part destroyed due to the instant accident, but it is impossible to reinstate the part that is directly connected with the safety of a motor vehicle, such as a pen panel, wheelchairs, etc., in particular, it is impossible to reinstate the part that is directly connected with the safety of a motor vehicle, such as the safety of a motor vehicle, by means of exchanging or printing fences, etc., constituting the frame of the motor vehicle. As such, the Plaintiff’s vehicle suffered loss of KRW 9,071,33 due to the instant accident, resulting in a fall in the value of KRW 9,071,333 due to the instant accident, and the Defendant is obliged to pay the said damages, excluding KRW 2,252,610, which was paid by the Samsung Fire and Marine Insurance Co., Ltd. as the market price decline damage.
B. The repair of the plaintiff vehicle claimed by the defendant is that the plaintiff's vehicle was exchanged with fluor, the left-hand fluor, etc., and the vehicle was manufactured.