Of the judgment of the first instance, the part against the defendant exceeding the amount ordered to pay is revoked, and that part is revoked.

1. Basic facts

A. The Plaintiff is the owner of the Plaintiff’s vehicle at the time of the traffic accident as indicated in the following table (hereinafter “accident”). The Defendant is the insurer who entered into an automobile insurance contract with respect to the Maritime Vehicle that caused the instant accident.

On July 13:12, 2019, July 29, 2019, the details of the first registered traffic accident at the time of the first registration of the vehicle, CKaman-ri, the Plaintiff’s vehicle, in the signal atmosphere around the road near the water king reservoir at the port in the Sinsan-dong, the vehicle, in the direction of the Plaintiff’s vehicle, conceals the rear of the Plaintiff vehicle.

B. At the time of the instant accident, the new car price, the second vehicle price, the repair cost, the repair part, and the history of the existing accident of the Plaintiff vehicle are as follows:

No matter corresponding to pre-existing accident history 39,562,210 won 37,109,350 won 1,719,910 won libs, ribs, ribs, ribs, ribs, rigs, ribs, ribs, ribs, ribs, ribs, ribs, ribs, etc.

C. The Defendant paid insurance proceeds of KRW 1,869,910 to the Plaintiff’s vehicle repair cost due to the instant accident.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 5, Eul evidence and video Nos. 1 through 5, the result of the commission of appraisal to the first deliberation appraiser D, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion that the Plaintiff’s vehicle suffered significant damage, such as destruction of the main structural part of the instant vehicle due to the instant accident, and thereby making it impossible to repair the Plaintiff’s vehicle even after completion of its technical possible repair. As a result, the Plaintiff’s automobile price decline (hereinafter “accident damage”) caused damage to the Plaintiff. Therefore, the Defendant is liable to pay KRW 1,790,000 to the Plaintiff as compensation for the loss caused by the Plaintiff’s vehicle’s shooting and delayed damages.

B. 1) When an article is damaged due to a tort, the amount of ordinary damages would be the amount reduced by the repair cost if it is possible to repair it, and the exchange value if it is impossible to repair it.