1. On November 6, 2014, the vehicles driven by B are the vehicles of the Defendant C in the vicinity of the U.S.-dong B B-dong B-dong B-dong.

Basic Facts

On November 6, 2014, the Defendant suffered damage due to the collision between the vehicle B and the vehicle driven by the Defendant in the vicinity of the U.S.-dong B, U.S.-dong (hereinafter “instant accident”) on November 6, 2014, and the Plaintiff is a company that entered into a comprehensive automobile insurance contract with B.

After the accident of this case, the Defendant’s vehicle repaired the amount of KRW 5,731,29, such as a hump blick attachment, a front hump attachment, and a plate, and the Plaintiff paid the repair cost.

The instant vehicle was released from around 2007, and it exceeded two years after the date of the instant accident.

[Ground of recognition] without any dispute, Gap evidence Nos. 1 through 5, and the purport of the entire argument of the parties concerned in light of the plaintiff's common automobile insurance clause, the plaintiff's automobile insurance clause states that "in the case of damage to automobile accident caused by an accident (limited to a motor vehicle not exceeding 2 years after departure) for repair cost exceeds 20% of the automobile value immediately preceding the accident, 15% of the repair cost shall be paid for the motor vehicle not exceeding one year after release." The defendant's vehicle does not fall under the above criteria for the motor vehicle exceeding 2 years after release of the accident at the time of the accident. Thus, the plaintiff is not liable to compensate the defendant for damage caused by the accident in this case.

Although the Defendant’s vehicle is not able to repair, the Defendant’s vehicle has a duty to compensate the Defendant for the above damages, since, due to the instant accident, the high-speed vehicle’s market price from KRW 5.5 million to KRW 6 million before the accident occurred to KRW 1.2.

The amount of damages when the goods are damaged due to the illegal act in the market shall be the cost of repair if it is possible to repair them, and if it is impossible to repair them, the reduced value of exchange shall be the ordinary amount of damages, and if parts that cannot be repaired after repair remain.