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 Plaintiff is the owner of the Plaintiff’s vehicle A (hereinafter “Plaintiff’s vehicle”), and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle B (hereinafter “Defendant’s vehicle”).

B. On May 13, 2015, the Defendant: (a) concealed the Plaintiff’s vehicle in front of the signal atmosphere on the roads located in Seogdong, Seo-gu, Incheon Metropolitan City; (b) thereby, the Plaintiff’s vehicle was repaired in exchange for or on the backway, the ridge, and the Lienna Panel, etc.; and (c) the Defendant paid KRW 8,283,000 as the repair cost.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 4 and Eul evidence 4

2. The assertion and judgment

A. The plaintiff asserts that the main structural part of the plaintiff's vehicle was damaged due to a traffic accident, and thereby caused damage to the plaintiff's vehicle's replacement value, and thus, the defendant should compensate for such damage.

B. The amount of damages when the property owned was damaged due to the tort shall be the cost of repair if it is possible to repair it, and if it is impossible to repair it, the reduced value of exchange shall be the ordinary 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 constitute ordinary damages (see, e.g., Supreme Court Decisions 91Da28719, Feb. 11, 1992; 2001Da52889, Nov. 13, 2001; 2001Da52889, Nov. 13, 2001).

(2) If such damage is ordinarily foreseeable, it shall not be deemed that such damage is ordinarily foreseeable.

(See Supreme Court Decision 81Da8, Jun. 22, 1982). In the instant case, evidence that seems to correspond to the Plaintiff’s assertion is indicated as evidence No. 3, but can be acknowledged by considering the overall purport of the evidence presented earlier.