1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The plaintiff is the owner of Bchip vehicle (hereinafter "Plaintiff vehicle"), and the defendant is the following Bchip vehicle:

It is an insurer who has entered into a comprehensive automobile insurance contract with respect to D vehicles driven by C which caused an accident described in the subsection (hereinafter referred to as “Defendant vehicle”).

B. On August 2, 2017, C: (a) around 18:30 on August 2, 2017, C concealed the Plaintiff’s vehicle parked in the front room of the Yandong-dong Seodong-gu, Gwangju.

(hereinafter referred to as “instant accident”). C.

On October 22, 2015, the Plaintiff purchased and operated the Plaintiff’s vehicle at KRW 35,296,00,000. However, due to the instant accident, the Plaintiff’s vehicle was destroyed by the tang-ro, the Liby Panel, the quota Panel, etc., and the repair cost of KRW 7,806,390 (including value-added tax) was generated.

The defendant paid 746,300 won to the plaintiff as the exchange value decrease of the plaintiff vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the market price of the Plaintiff’s vehicle fell below KRW 3,764,00 due to the instant accident, and the Defendant shall compensate the Plaintiff for the damages caused by the decline in the market price.

B. Legal doctrine 1) In a case where an article was damaged due to a tort, the amount of ordinary damages would be reduced in repair cost if it is possible to repair the article, and in a case where parts that cannot be repaired remain even after repair are repaired, the amount of exchange value reduced due to impossibility of repair in addition to repair cost. 2) Meanwhile, in a case where a motor vehicle causes serious damage to an engine or a body’s major structural frame, etc. damaged due to an accident, the repair would lead to a case where it is difficult to view that it was completely completely restored, even if a motor vehicle completed a functional restoration for the external appearance or ordinary operation of the vehicle, even if it was repaired and completed a functional restoration for normal operation.

(2) an accident;