1. The Defendants jointly and severally liable to the Plaintiff KRW 16,460,478 and Defendant B with respect thereto from May 15, 2016, and Defendant C with respect thereto.

1. Occurrence of liability for damages;

A. (i) On September 30, 2014, Defendant B: (a) was driving a vehicle E on the national highway No. 1 located on the National Highway D (hereinafter “Korea National Highway”); (b) on September 30, 2014, Defendant B concealed the back of the F vehicle, which was under way on the front bank (hereinafter “victim”) due to negligence in failing to perform the duty of the front line delivery, while driving the vehicle on the national highway No. 1 in e. (hereinafter “Korea National Highway”).

(hereinafter referred to as “instant accident”). The Plaintiff is the owner of Dolled vehicle, and the Defendant C is the owner of the Gasheed vehicle.

Referencely, the purchase price of the damaged vehicle is KRW 43,200,000, and the accident of this case was destroyed to be equivalent to KRW 16,460,478 (including value-added tax). The Plaintiff sold the damaged vehicle to KRW 17,50,000 without repairing it.

B. According to the above facts of recognition, Defendant B is the driver of the sea-going vehicle, and Defendant C is the owner of the sea-going vehicle, who is liable for the damages incurred by the Plaintiff due to the instant accident.

[Grounds for Recognition: Facts without dispute, entry in Gap evidence 1-7 (including branch numbers, if any) and the purport of the whole pleadings]

2. Scope of liability for damages

A. The Plaintiff’s assertion asserts that KRW 25,700,000 (=43,200,000 - 17,500,000) calculated by subtracting the selling price from the purchase price of the damaged vehicle is the amount of damages caused by the damage of the damaged vehicle.

B. (1) The amount of damages when a product is damaged due to a tort shall be the full amount of the repair cost, if possible, to the extent of the exchange price.

According to the facts acknowledged as above, the repair cost of the damaged vehicle caused by the instant accident is KRW 16,460,478, and in light of the fact that the Plaintiff sold the damaged vehicle to KRW 17,500,000 while the Plaintiff did not repair the damaged vehicle after the instant accident, the replacement price of the damaged vehicle at the time of the instant accident exceeds the above repair cost.

Fidelity, therefore, the amount of damages caused by the damage of the damaged vehicle in accordance with the instant accident.