1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the entries in Gap evidence Nos. 1-3.

On May 13, 2019, the Plaintiff operated a village bus operation, etc. with the trade name of “C,” and stopped at a stop near the “F restaurant” located in “C” in the city of king, while driving D community bus (registration on July 7, 2016, hereinafter “instant bus”) owned by the Plaintiff on May 13, 2019, the Plaintiff caused an accident where the rear part of the instant bus was inferred (hereinafter “instant accident”).

B. The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the instant automobiles.

C. The instant accident appears to have caused damage to the bus engine and to replace it. The cost of replacing the bus engine with a new product seems to be 40,668,750 won (excluding value-added tax) of the bus engine.

2. The assertion and judgment

A. The summary of the parties’ assertion (1) The Plaintiff was required to replace the engine of the instant bus due to the instant accident, and the cost of KRW 40,668,750 is required. As such, the Defendant is obligated to pay the Plaintiff the full replacement cost as damages (insurance money) for the instant accident, without considering depreciation equivalent to the period of use for the existing engine of the instant bus.

(2) As the period of use at the time of the instant accident becomes 35 months with a vehicle registered on July 2016, Defendant bus at issue, the amount of depreciation equivalent to the cost of replacing the bus engine should be made. Accordingly, in calculating the amount of damages equivalent to the cost of replacing the bus engine, the amount of depreciation equivalent to the said period of use should be made. Accordingly, when calculating the amount of damages accordingly, 28,805,675 won (i.e., 40,668,750 won x 70.83%).

Therefore, the defendant will pay to the plaintiff.