1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts: ① The Plaintiff is a company running the taxi passenger transport business under the Passenger Transport Service Act, which is the owner of A rocketing passenger vehicles (hereinafter “Plaintiffs”).

② On May 1, 2016, B, while driving a C vehicle (hereinafter referred to as “Defendant vehicle”), by negligence, violated the signal at the cross-section of the sponsivity distance at the sponsivity-dong, Seowon-gu, Seowon-si, Seowon-si, and caused damage to the Plaintiff’s vehicle that was driven at the same intersection as at the time by shocking the signal.

(3) From May 1, 2016 to May 13, 2016, the Plaintiff entered the Plaintiff’s vehicle into the repair business entity and paid KRW 8,897,257 at the repair cost.

④ The Defendant is an insurer who has concluded an automobile accident insurance contract against the Defendant vehicle.

【Reasons for Recognition: Facts that there is no dispute or no clear dispute, and the purport of the whole pleadings

2. According to the facts underlying the occurrence of liability for damages, the defendant is liable to compensate for the damages suffered by the plaintiff due to the instant accident under Article 724(2) of the Commercial Act as the insurer of the defendant vehicle.

3. Scope of liability for damages

A. The Plaintiff’s assertion is that the Defendant shall pay to the Plaintiff KRW 9,385,877 of the sum of KRW 8,897,257 and KRW 488,620 of the annual leave fee (44,420 per day for the general taxi x 11 day) and damages for delay from May 1, 2016, which is the date of the instant accident.

B. (i) The automobile repair cost portion (i) where the automobile repair cost at the time of the accident has been significantly borne by the cost of repair, only the remainder after deducting the cost of the goods from the exchange price at the time of the accident can be claimed as damages by deeming the cost of repair to be unrepairable in an economic aspect. This is consistent with the concept of fairness above the compensation system, and therefore, it is hard to say that the cost of repair is higher than the exchange price.