Of the part against the plaintiff in the judgment of the first instance, payment is ordered in excess of the amount ordered under paragraph (2).

1. Basic facts

A. At the time of August 15, 2018, the Plaintiff was the owner of Crocketing vehicles (hereinafter “instant vehicle”) with the initial registration date on March 21, 2018, and the Defendant is the insurer who entered into an automobile insurance contract with respect to the instant vehicle that caused an accident of towing the instant vehicle by gross negligence on August 15, 2018 (hereinafter “instant accident”).

B. The mileage, the standard value of D organization vehicles at the time of the instant accident, the actual repair cost, the repair volume, and the record of the previous accident are as follows.

The standard value of odometer 5,533km 29,960,000 won 9,696,585 won in history of the existing accident on the repair part of the repair cost and the details of the odometer : there is no exchange of the receipt for the panel by the tamp fridge, the receipt for the use of the tamper panel, the receipt for the tamper, the receipt for the tamper - the outer board - there is no exchange for the tamper, the exchange for the tamper, the exchange for the tamper, the exchange for the Raber lick, the exchange for the Raber racker - there is no dispute on the ground of recognition (: there is no ground for recognition: evidence 1-3, evidence 2-3, evidence 3-3, evidence 4, evidence 5-1, evidence 6-2, evidence 6-2, each item of evidence 7 and the appraisal result of the appraiser E]

2. Occurrence of liability for damages;

A. The amount of damages when an article is damaged due to a tort (1) is the cost of repair if it is possible to repair it, and if it is impossible to repair it, the reduced value of exchange becomes the ordinary amount of damages. Therefore, in cases where parts that cannot be partially repaired remain even after repair are repaired, the reduced value of exchange due to impossibility of repair, in addition to the cost of repair, shall be deemed as ordinary damages.

(2) In the event of an accident causing serious damage to a motor vehicle’s major structural part due to the destruction of the main structural part of the motor vehicle, etc. (see Supreme Court Decision 2001Da52889, Nov. 13, 2001), barring any special circumstance, it is deemed that even if the repair has been completed technically possible, the repair impossible parts are remaining.