1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff, as the owner of a passenger vehicle indicated in the column of “automobile” as indicated below (hereinafter “instant vehicle”), sustained damages from the instant vehicle due to the traffic accident indicated in the column of “accident” as indicated below (hereinafter “instant accident”).

On June 7, 2018, 2018.9. 11:04% on September 24, 2018, 2018, the automobile accident registration number of the vehicle was cMW 320D cMW 320d on the date of the initial registration date of the vehicle accident and 1:04% on September 24, 2018, the back portion of the damaged vehicle was concealed by the Maritime Vehicle before entering the Cheongpung-dong TG.

B. The Defendant paid KRW 31,856,00 to the Plaintiff as insurance money for the damage of the instant vehicle, as an insurer who entered into a comprehensive automobile insurance contract with respect to the instant vehicle for the damage of the instant vehicle (i.e., the repair cost of KRW 25,817,540, indirect damage of KRW 6,038,460). Of the above insurance money, the amount related to the shooting damage of the instant vehicle is KRW 3,663,00.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3-1, purport of whole pleadings

2. The assertion and judgment

A. Due to the Plaintiff’s assertion, the part of the instant vehicle, which was technically possible after completing repair due to serious damage, such as destruction of major structural parts, etc., was left unreparable, and the resulting damage to the price decline of the instant vehicle (so-called “satisfe damage”). As such, the Defendant, who is the insurer of the instant vehicle, is liable to pay the Plaintiff KRW 837,00 (Appraisal Price 4,50,000 - 3,63,000) and damages for delay.

(b) When an article is damaged due to a tort committed by one of the liability for damages resulting from a decline in exchange value, the amount of ordinary damages shall be the cost of repair if it is possible to repair it, and the value of exchange if it is impossible to repair it, and there remain parts that cannot repair it even after repair it.