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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is the owner of the B-learning vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to C-raying vehicle (hereinafter “Defendant vehicle”).
B. On September 21, 2016, around 21:57, the Plaintiff’s vehicle entered the private distance intersection near the center of 54,00 U.S. Mapo-si, Changwon-si, Mapo-si. However, there was an accident where the Defendant’s vehicle proceeding from the right side of the Plaintiff’s vehicle’s proceeding to the center of the intersection, i.e., the back even the rear door and fences of the Plaintiff vehicle’s right side (hereinafter “instant accident”).
C. The instant accident caused damage to the Plaintiff’s vehicle’s center pen, the Clickll, the quiterll, etc., and 4,379,978 won was required at its repair cost.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 7, Eul evidence Nos. 1, 2, and 4, video, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that the accident in this case caused damages to the defendant, who is the insurer of the defendant vehicle, due to the decline in the value of the plaintiff vehicle in KRW 7,500,000. The defendant claimed compensation for the above damages. Accordingly, the defendant does not have any remaining damages without being restored to the plaintiff vehicle after repair, and the damages for the decrease in the exchange value claimed by the plaintiff are damages due to special circumstances, and there is no obligation to compensate for the above damages since there is no circumstance to deem that the defendant knew or could have known of such damages.
(b) In the event that an automobile accident causes serious damage to the main structural part of the engine or body, etc. of the engine or body, such damage is caused by its repair and completion of a functional or technical restoration for the operation of the vehicle, even if it is difficult to deem that it completely restored to its original state.
Even after repair is made according to the degree of the accident, the damaged part, etc.