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 who owned the BM5 vehicle (hereinafter “instant damaged vehicle”) with C Co., Ltd. (1% of the Plaintiff’s share and 9% of the shares in C Co., Ltd.) and the Defendant is the insurer who concluded the automobile insurance contract with respect to D vehicle (hereinafter “instant damaged vehicle”).

B. On November 12, 2015, the Plaintiff, while driving the instant damaged vehicle at the OsanIC located in the direction of the SinsanIC, was due to the negligence on the part of the instant damaged vehicle while driving the instant damaged vehicle in the direction of the SinsanIC located in the direction of Seoul.

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

C Co., Ltd. has registered the Plaintiff as the only internal director, and the Plaintiff owns 1,900 shares out of total shares of 3,000 shares.

C In relation to the instant lawsuit on August 26, 2016, the Co., Ltd. transferred all rights to the shares of the victimized vehicle in the instant case to the Plaintiff, and on October 5, 2016, notified the Defendant of the assignment of the claims and the notification thereof on October 7, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 8, 9, and 10, the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant damaged vehicle caused damage to an impossible repair even after repair, thereby causing damage equivalent to the reduced use period, functional and aesthetic impairment of the body and the decreased exchange value of the vehicle remaining, and thus, the Defendant is obligated to pay KRW 2,790,000 to the Plaintiff as the insurer of the instant damaged vehicle and expenses required to request a specialized institution to assess the exchange value of the damaged vehicle, and KRW 330,000 to the Plaintiff.

3. Determination

A. When an article is damaged due to a tort, the amount of ordinary damages shall be reduced by the cost of repair if it is possible to repair it, the exchange value if it is impossible to repair it, and if part of it is impossible to repair it remains after repair, it shall be caused by the impossibility of repair in addition to the cost of repair.