The plaintiffs' appeal is dismissed.

The costs of appeal are assessed against the plaintiffs.

Purport of claim and appeal

purport.

1. Basic facts

A. Plaintiff A is a person leasing a vehicle owned by D Co., Ltd., and Plaintiff Company is the owner of F vehicle.

(hereinafter referred to as the “Plaintiff’s vehicle”). The Plaintiffs’ vehicles were destroyed by each traffic accident as indicated below (hereinafter referred to as the “instant accident”).

A E BF G

B. The Defendant paid repair costs for the Plaintiffs’ vehicles as a mutual aid contractor who entered into a mutual aid agreement for each of the instant accident caused the instant accident, and the Plaintiff Company paid 3,836,700 won, which is 15% of the repair cost, to the Plaintiff Company based on the market price decline damages according to the Defendant’s automobile mutual aid agreement.

C. A around July 2019, Plaintiff A acquired the claim for damages against Defendant for the damage from D Co., Ltd., and received the notification of transfer from D Co., Ltd., and notified the Defendant of the assignment as a duplicate of the instant complaint.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 6, the purport of the whole pleadings

2. Determination

A. In the event of an accident that causes serious damage to the main structural part of a motor vehicle due to the destruction of the main structural part of the relevant legal doctrine, barring any special circumstance, deeming that even if the repair is technically feasible, the repair impossible parts remain, barring any special circumstance, should be in accord with the empirical rule to deem that the said parts remain. The damage resulting from the decline in the price of the motor vehicle falls

In such cases, whether an accident with serious damage to the degree of potential disability exists shall be determined objectively and reasonably in accordance with the transaction norms and empirical rules, comprehensively taking into account the following: (a) details and degree of the accident; (b) the parts and seriousness of the damage; (c) the repair method; (d) the rate of repair cost to the value of the automobile at the time of the accident; and (e) whether the repair was made to the degree of repair to be recorded in the performance and condition inspection register of used cars.