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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
purport.
Reasons
1. On July 26, 2016, Plaintiff C, XC70,000 won on July 37, 2016, July 19, 2018, the Plaintiff, as the owner of the vehicle listed in the following table, suffered damage from the damage of the vehicle owned by the Plaintiff due to a traffic accident listed in the following table:
B. The Defendant is an insurer who concluded an automobile insurance contract with respect to the foregoing traffic accident, and paid KRW 31,989,700 in total as insurance money to the repair cost, etc. of the Plaintiff’s vehicle.
【Fact-finding without dispute over the ground for recognition, entry of evidence A1-1, 2-1, and 3-1, and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserted by the parties concerned is the principal vehicle due to the instant traffic accident.
Since a significant damage was inflicted on alley and outer plate, and the vehicle's appraisal has decreased accordingly, the defendant is liable to compensate the plaintiff for the damage caused by the price decline, and the price decline amount is the main result of the appraisal by the appraiser of the first instance trial.
It argues that exchange value decline by the Alley and the Outboard Panel should be KRW 6,210,00,000.
As to this, the defendant does not have the parts that could not be repaired in the case of the plaintiff vehicle, and even if the accident occurred, the main part of the accident occurred.
It shows that only the non-repairable part due to the destruction of the pelvise shall be assessed as the damage of the market price.
B. In the event that a motor vehicle that caused the decline in the exchange value causes serious damage to the engine or the body’s main structural frame due to an accident, deeming that, even if the repair is technically feasible, the repair impossible parts remain, barring any special circumstance, are in accord with the empirical rule, and the resulting damage to the price decline of the motor vehicle constitutes ordinary damages.
This degree of serious damage has been caused.