The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

1. Basic facts

A. The Plaintiff is the owner of C Passenger Vehicles (hereinafter “Plaintiff”), and the Defendant is the insurer who concluded the automobile insurance contract with respect to D Passenger Vehicles (hereinafter “Defendant”).

B. On December 9, 2018, the Plaintiff is driving the Plaintiff’s vehicle at around 13:00, along three lanes in the vicinity of the 2-lanen Highway, the 3-lane Seoul Metropolitan City Internive City Intersection 3:0.

While changing a lane to a one-lane, E vehicle ahead of the vehicle (hereinafter referred to as the "vehicle ahead") saw the back part of the previous vehicle due to the defect in the speed system, and in this case, the defendant vehicle following the vehicle saw again the back part of the plaintiff vehicle.

(hereinafter referred to as “instant accident”). C.

In the instant accident, the Plaintiff’s vehicle was damaged.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 5 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion that the instant accident occurred, resulting in serious damage to the Plaintiff’s vehicle, such as major structural damage, and thereby making it impossible to repair the Plaintiff’s vehicle to restore to its original state even after completion of its technical possible repair. Accordingly, the Plaintiff’s automobile price decline damage amounting to KRW 15,700,000 (hereinafter “eficial damage”).

Therefore, the defendant, who is the insurer of the defendant vehicle, is obligated to pay KRW 15,700,000 to the plaintiff as compensation for the loss caused by the death of the plaintiff vehicle.

B. When an article is damaged due to a tort that causes damage, the amount of ordinary damage shall be reduced by repair cost, if it is possible to repair it, or by exchange value if it is impossible to repair it, and in cases where part of it is impossible to repair it remains after repair, the amount of decrease in exchange value due to impossibility of repair, in addition to repair cost.