1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and

1. Basic facts

A. The Plaintiff is the owner of CSP car (hereinafter “Plaintiff”).

B. On November 6, 2018, around 13:15, 2018, the Plaintiff was faced with an accident that, while driving the Plaintiff’s vehicle on the road in front of the Gangseo-gu Busan Metropolitan City Green Flood Park, the Plaintiff was forced from the other party (hereinafter “Defendant”) who caused the alteration of the vehicle in an unreasonable manner to conceal the rear part of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. The defendant is an insurance company that has entered into a comprehensive automobile insurance contract for the defendant vehicle.

On December 14, 2018, the Defendant paid KRW 6,631,600 to the Plaintiff the repair cost of the Plaintiff’s vehicle due to the instant accident as insurance proceeds.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion

A. Even if the Plaintiff’s alleged vehicle completes the repair of the parts destroyed by the instant accident, it can be sufficiently predicted that the exchange value will be reduced in light of the damaged parts and the repair cost. Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 2,490,000 for the Plaintiff’s vehicle’s market price decline damages, KRW 2,160,000, and KRW 330,000 for the issuance of the assessment statement on the value of the vehicle due to the instant accident, and the delay damages.

B. The Defendant’s assertion that the Plaintiff’s vehicle was completely repaired and thus, it does not remain impossible to repair the Plaintiff’s vehicle.

Even if the market price was damaged, this constitutes damages due to special circumstances, and thus, there is no liability for damages to the defendant.

3. Determination

A. In the event of an accident causing serious damage due to the destruction, etc. of major structural frame of one motor vehicle caused by the occurrence of liability for damages, deeming that, even if the repair is technically feasible, there exists no special circumstance, the repair impossible parts to be restored to its original state remain, barring any special circumstance, is consistent with the empirical rule. Accordingly, the price decline of the motor vehicle.