1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Grounds for claim;

A. The Plaintiff is the owner of K5 B K5 (hereinafter referred to as “this case”).

B. On October 28, 2011, the instant vehicle was damaged due to the collision between the rear and the rear (hereinafter “instant accident”) of the instant vehicle during operation, and due to this, the instant vehicle’s heavy market price was reduced by KRW 4,408,787 even after repair.

C. The Defendant is the insurer of the household vehicle. The Defendant is the insurer of the vehicle in question, and does not pay only the cost of repair for the vehicle in question, and does not compensate for the damages caused by the decline in the market price. Therefore, the Plaintiff is liable to pay 4,408,787 won and damages for delay.

2. Determination

A. The amount of damages when the property owned by a tort is damaged shall be the cost of repair if it is possible to repair it, and if it is impossible to repair it, the reduced value of exchange shall be the ordinary amount of damages.

Even after repair remains, the reduced value of exchange due to the impossibility of repair in addition to the repair cost shall also constitute ordinary damages (see, e.g., Supreme Court Decision 2001Da52889, Nov. 13, 2001). However, there is an empirical rule that, in addition to the repair cost, a considerable decrease in the value of exchange is always followed, if repair is possible.

(2) If such damage is ordinarily foreseeable, it shall not be deemed that such damage is ordinarily foreseeable.

(Supreme Court Decision 81Da8 delivered on June 22, 1982). B.

It is not sufficient to recognize that the vehicle appraisal report prepared according to the Plaintiff’s request remains even after repair, and there is no other evidence to prove otherwise. Thus, the above assertion is without merit.

3. The plaintiff's claim for conclusion is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.