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. At around 02:50 on January 29, 2015, the Defendant, while driving a road in the Gangnam-gu Seoul Gangnam-gu Seoul Metropolitan Government C Apartment Complex, collisioned with D vehicles (BMW 523i, hereinafter “Plaintiffs”) owned by the Plaintiff, which were parked on the right side of the road (hereinafter “instant accident”), thereby damaging the Plaintiff’s vehicle.

B. At the time of the instant accident, the exchange price (tax credit) of the Plaintiff’s vehicle was KRW 14,170,000, and due to the instant accident, the Plaintiff’s vehicle was damaged to cover KRW 14,784,883 of the repair cost.

On January 29, 2015, from February 5, 2015 to February 5, 2015, and February 9 to February 25, 2015, the Plaintiff borrowed a vehicle of the same kind (benz E250 diesel) with the Plaintiff’s vehicle for a total of 23 days during the repair period of the Plaintiff’s vehicle, and disbursed a total of KRW 6,90,000 (= KRW 300,000 per day loan expense x 23 days).

C. Of the repair cost of the Plaintiff’s vehicle, 13,000,000 won was paid as insurance money to Samsung Fire & Marine Insurance Co., Ltd. which concluded an automobile insurance contract with respect to the Plaintiff’s vehicle, and the Defendant received KRW 13,000,000 from the Samsung Fire & Marine Insurance Co., Ltd., which

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 6, Eul evidence No. 2 (including additional number), the purport of the whole pleadings

2. Determination

A. According to the above facts finding that the accident of this case occurred by negligence of the defendant, so the defendant is liable to compensate the plaintiff for damages caused by the accident of this case.

B. The scope of the right to claim damages was examined, and the cost of repair was significantly borne by the exchange price of damaged vehicles at the time of the accident.

However, in principle, only the remainder after deducting the cost of goods from the exchange price at the time of the accident may be claimed as compensation for damages, and where there are special circumstances that make it possible to accept the vehicle even after paying the cost of goods higher than the exchange price, the full amount of the repair cost shall be paid.