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1. Of the judgment of the court of first instance, the part against the plaintiff falling under the order of additional payment shall be revoked.
Reasons
1. In the event that the Defendant was liable for damages from the Plaintiff on December 11, 2015, because the fact that the Defendant returned to the Plaintiff on January 21, 2016, in the state where gold was destroyed at the lower end of the presses, while borrowing and using the bicycle “F8, 2015-type Dogma Dogma F8” from the Plaintiff on December 11, 2015, is not in dispute between the parties, or can be recognized in full view of the purport of the entire pleadings and arguments as to the entries and videos in the evidence No. 1 through No. 4, and as such, the Defendant is liable for damages incurred to the Plaintiff due to the damage of the bicycle.
2. The scope of liability for damages;
A. The plaintiff's assertion asserts that the defendant is responsible for compensating the plaintiff for 4 million won as damages equivalent to the repair cost or the depreciation value.
B. According to the reasoning of the evidence No. 1, determination of damages equivalent to repair cost is based on the fact that the above frame repair cost is 1.80,000 won.
(c) In cases where an article is damaged due to a tort committed to determine on the amount of the exchange value reduced, the amount of ordinary damages shall be the repair cost if it is possible to repair, the amount of exchange value if it is impossible to repair, and in cases where part of repair is not possible after repair remains, the amount of exchange value reduced due to impossibility of repair, in addition to the repair cost,
(See Supreme Court Decision 2016Da24806 Decided May 17, 2017). The evidence as seen earlier is acknowledged by the respective statements in Evidence Nos. 7, 8, 26, and 27, and Evidence Nos. 16, and the above presses are destroyed at the expiration of a relatively short period of time from the time when they were imported into a new product around August 2014 to around KRW 6.85,00,000, the retail price of the presses is up to KRW 6.855,00,000, and the repair of the presses seems to be made by means of attaching the cats by the heat to the damaged part. Accordingly, it is impossible to repair the presss despite such repair.