The judgment of the court below is reversed, and the case is remanded to Chuncheon District Court Panel Division.

1. Where an article is damaged by a tort, the amount of ordinary damages shall be determined by the cost of repair if it is possible to repair it, by the exchange value if it is impossible to repair it, and where part of it is impossible to repair it remains after repair, it shall be determined by the exchange value reduced due to the impossibility of repair, in addition to the cost

(see, e.g., Supreme Court Decisions 91Da28719, Feb. 11, 1992; 2001Da52889, Nov. 13, 2001). Meanwhile, in a case where a motor vehicle causes serious damage to the main structural part of the engine or body caused by an accident, etc. of the engine or body, the repair thereof and the completion of functional and technical restoration for the operation of the vehicle’s appearance or flat, even if it is difficult to deem that the motor vehicle was completely completely restored.

This is because, depending on the degree of accidents, damaged parts, etc., there is a possibility that any defect in the use or disability remaining, such as decrease in corrosion or corrosion that absorbs the external shock even after repair, decrease in the period of use due to the weakening of the strength of the vehicle, the production of corrosion or noise and vibration on the repair part, etc., or decrease in the rate of occurrence of failure, etc.

Therefore, in the event of an accident that causes serious damage to the main structural part of a motor vehicle due to damage to the main structural part of the motor vehicle, deeming that even if having completed a technically feasible repair, the repair impossible parts remain, barring any special circumstance, to the effect that the restoration to the original state remains, is consistent with the rule of experience, and the resulting damage to the price decline of the motor vehicle

In such cases, whether it constitutes an accident with serious damage to the degree of potential disability, such as the circumstance and degree of the accident, the depth and seriousness of the damage, the repair method, the annual formula and mileage of the vehicle, and the ratio of the repair cost to the value of the vehicle at the time of the accident.