1. On April 18, 2016, around 19:00, the Defendant’s C vehicle, which was the preceding vehicle B, was excavated on the Hayang-dong, YU-dong, YU-dong.

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with Nonparty D regarding the Plaintiff’s B-owned vehicle (hereinafter “Plaintiff’s vehicle”), and the Defendant is the owner of the Defendant’s vehicle C (hereinafter “Defendant”).

B. D while driving the Plaintiff vehicle, around 19:00 on April 18, 2016, D caused a traffic accident leading to the Defendant’s vehicle, which had been preceding the Defendant’s vehicle on the Hayang-dong, YU-dong, Sungsung-gu, Sungdong (hereinafter “instant traffic accident”).

C. The Plaintiff, due to the destruction of the backer, ridge, and white panel of the Defendant vehicle due to the instant traffic accident, paid KRW 6,655,00 for repair costs for restoration purposes and KRW 1,220,000 for indirect damages not used during the repair period and KRW 7,875,00 for the repair purpose.

[Ground of recognition] Facts without dispute, partial descriptions or images of Gap 1-4, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant suffered losses due to the traffic accident in this case, which caused a decrease of the value of the defendant's vehicle to a level of two million won, but since the plaintiff did not remain in the part where repair is impossible as the repair of the defendant's vehicle is completed, the plaintiff's obligation to pay damages to the defendant is no longer nonexistent.

B. In the event that an article is damaged due to a tort, the amount of ordinary damages shall be the cost of repair if it is possible to repair, the amount of exchange value if it is impossible to repair, and the amount of exchange value reduced due to impossibility of repair where part of repair remains after repair remains, in addition to the cost of repair, it constitutes ordinary damages.

Meanwhile, in the event of an accident that causes serious damage to the main structural part of a motor vehicle due to damage to the main structural part of the motor vehicle, it would be in accordance with the rule of experience to view that even if the repair is technically feasible, there exists no other special circumstance that makes it impossible to restore it to its original state.