1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

Purport of claim and appeal

(b).

1. Facts of recognition;

A. On June 13, 2015, the Plaintiff suffered damage to the Plaintiff’s vehicle due to a traffic accident by E vehicle E (hereinafter “Defendant vehicle”) in Songpa-dong, Songpa-gu, Seoul (hereinafter “Defendant vehicle”) from around 00:17, as the owner of C vehicle (the number before the change: D; hereinafter “Plaintiff vehicle”).

B. The defendant is a mutual aid business operator who entered into a mutual aid agreement for the defendant vehicle.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Plaintiff’s vehicle suffered serious damage to the instant accident, and the Plaintiff’s technical completion of repair is not able to be restored.

Therefore, the Defendant, as a mutual aid business entity of Defendant vehicle, should pay to the Plaintiff damages of KRW 7,670,000 corresponding to the decrease in the exchange value even after the repair of the Plaintiff vehicle, as well as damages for delay.

B. The Defendant’s assertion (1) where the repair of a vehicle is possible, barring any special circumstance, the damage at the market price cannot be deemed as ordinary damages, and thus, the damage at the market price should be deemed as special damages. Since there was no predictability for the Defendant, it cannot be recognized that the damage at the market price was caused. According to the Defendant’s mutual aid agreement, mutual aid money for the damage at the market price was paid only to an automobile for which two years have not passed since the delivery of the Plaintiff’s vehicle. As the instant accident occurred at the expiration of two years after the delivery of the vehicle,

(2) Even if the conjunctive Defendant is liable to compensate for damages, the Plaintiff’s vehicle shall reflect the degree of contribution due to each of the above accidents in determining the loss of market price due to the occurrence of the accident No. 3 and No. 6 after the instant accident.

3. Determination

(a) An article is caused by a tort that occurs in the course of liability for damages;