1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with A (hereinafter “Plaintiff”).

At this time, the value of the Plaintiff’s vehicle was calculated as KRW 28,570,00, including Schlage and other accessories.

The defendant is a mutual aid business operator who has entered into a mutual aid agreement with the vehicle B (hereinafter referred to as the "Defendant vehicle").

The purchase price of the above mutual aid contract is 20,000,000 won.

B. On July 31, 2015, at around 14:55, the Plaintiff’s vehicle, at the direction of the bend and the direction of the bend and the 15 meters (road width) in the vicinity of the front intersection of Gangdong-gu Seoul Metropolitan Government D, entered the said intersection in accordance with the straight Jinh, while entering the said intersection. The Defendant’s vehicle, while driving the left side of the direction of the Plaintiff’s vehicle (10 meters wide on the road) in the direction of the Defendant’s vehicle toward the header in the direction of the Jink High School, was facing the front side of the Defendant’s vehicle, while entering the said intersection, was facing the front side of the Plaintiff’s vehicle.

Due to the shock, the Plaintiff’s vehicle was pushed down to the right side of the way, and the Oratoba in the atmosphere before the said intersection was shocked to the right side of the Plaintiff’s vehicle.

(hereinafter “instant accident”). Meanwhile, at the time of the instant accident, the signal, etc. was not installed in the direction of the running of the Defendant vehicle in the said intersection.

C. The repair cost of the Plaintiff’s vehicle, except Schlage, was calculated as KRW 22,118,140 due to the instant accident, and Schlage was destroyed and thus the exchange cost was anticipated to be KRW 14,300,000.

Accordingly, on August 27, 2015, the Plaintiff calculated the repair cost of the Plaintiff’s vehicle, including Schlage, higher than the exchange value of the Plaintiff’s vehicle prior to the instant accident. As such, the Plaintiff paid KRW 23,880,000, deducting the sales price of the Plaintiff’s vehicle from the exchange value of KRW 28,570,000, including Schlage, KRW 4,690,000, and sales consignment fee of KRW 55,00, as insurance money.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 to 14, and Eul No. 1.