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1. Of the judgment of the court of first instance, KRW 1,700,000 against the Plaintiff and its related thereto, from July 6, 2016 to June 30, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is the owner of B rocketing vehicles (hereinafter “Plaintiff vehicle”), and the Defendant is the following:
It is an insurer who has concluded an automobile insurance contract with respect to C Vehicle which is a sea-going vehicle of an aviation accident (hereinafter referred to as "sea-going vehicle").
B. On February 17, 2015, the driver of a sea-going vehicle, while driving a new wall harming the driver, shocking the Plaintiff vehicle that was parked in the front door of the two vehicles company located in Pyeongtaek-si 580, Pyeongtaek-dong.
(hereinafter referred to as “instant accident”). C.
On April 22, 2015, the Defendant recognized the negligence of a sea-going vehicle as 100% and paid the instant accident insurance proceeds to the Plaintiff. Of them, the repair cost is KRW 7,487,530.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion that the accident of this case in this case prevents the plaintiff's vehicle from restoring to its original state by repairing the main structural frame, etc., so the defendant asserts that the defendant is obligated to pay to the plaintiff the amount of 2.10,000 won and 330,000 won and the total amount of 2.94,000 won and damages for delay.
B. Determination 1) In a case where an article was damaged due to a legal act, the amount of ordinary damages would be reduced in repair cost, if it is possible to repair it, and in a case where part of it is impossible to repair it remains even after repair, the exchange value reduction due to impossibility of repair, in addition to repair cost, constitutes ordinary damages (see Supreme Court Decisions 91Da28719, Feb. 11, 1992; 2001Da52889, Nov. 13, 2001). Meanwhile, in a case where a motor vehicle causes serious damage to an engine or body’s major structural part of the engine or body due to an accident, it shall be repaired, and technical and technically, for the external appearance or smooth operation of the motor vehicle.