In cases where a damaged owned object remains even after repair is performed by a tort, whether the reduced value of exchange due to a repair impossibility in addition to the repair cost shall be deemed as ordinary damages (affirmative)

The amount of damages when the goods are damaged due to a tort shall be the cost of repair if it is possible to repair them, and if it is impossible to repair them, the reduced exchange value shall be the ordinary amount of damages. If parts that cannot be repaired remain after repair, the reduced exchange value shall be the ordinary amount of damages in addition to the cost of repair.

Articles 393 and 763 of the Civil Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Domin, Attorneys Park Jae-young and 1 other, Counsel for plaintiff-appellant)

Dongp Co., Ltd.

Defendant (Law Firm Sejong, Attorneys Exclusive-hee et al., Counsel for defendant-appellant)

Seoul District Court Decision 2000Na64273 delivered on June 27, 2001

The appeal is dismissed. The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

The amount of damages when the goods have been damaged due to a tort shall be the cost of repair if it is possible to repair them, and if it is impossible to repair them, the amount of reduced exchange value shall be the ordinary amount of damages, and if parts that cannot be repaired remain after repair, the amount of reduced exchange value due to impossibility of repair in addition to the cost of repair shall be the ordinary damages (see Supreme Court Decision 91Da28719 delivered on February 11, 192).

According to the reasoning of the judgment below and the records, since the defect of the steel tower owned and managed by the defendant on October 28, 1999 caused by the defects of the above 00-point repair, the plaintiff's automobile owned by the defendant was destroyed by the total repair cost of 6,10,00 won from the rear gate and the front gate of the 00-meter repair (as the judgment of the court below No. 2, 6,286,940 won is a clerical error in 6,10,000 won). The plaintiff's allegation that the above 10-meter repair damages incurred by the above 00-meter repair of the 00-meter and the above 10-meter repair 200-meter of the 190-meter repair 200-meter of the 190-meter repair 200-meter of the 190-meter repair 200-meter of the 200-meter repair 300-meter of the 19-meter repair.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the defendant who is the appellant. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Yong-woo (Presiding Justice)