1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

1. The Plaintiff was the owner of CD vehicle (hereinafter “Plaintiff”).

On October 28, 2014, at around 20:20, the Plaintiff was driving the Plaintiff’s vehicle in the vicinity of “F” located in Osan City E, but the G vehicle driven by H in a drinking condition (hereinafter “Defendant vehicle”) was faced with an accident following the G vehicle driven by H in a drinking condition, leading the Plaintiff’s vehicle back.

(hereinafter “instant accident”). The Defendant is an insurer who concluded an automobile insurance contract with respect to the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 7-1 to 3, the purport of the whole pleadings

2. The Plaintiff’s vehicle was destroyed due to the instant accident concerning the cause of the claim, and the Plaintiff accepted it.

However, even after repair, there was a non-repairable part, such as the reduction of the use period, function, and aesthetic impairment, and the existence of the accident history, which caused the decline in the exchange value (hereinafter “explosion damage”).

Mascin damage is a normal damage caused by a traffic accident.

In order to calculate the amount of loss caused by the death of the Plaintiff’s vehicle, the amount of loss caused by the death was calculated as KRW 6,292,520 as a result of requesting an appraisal to a vehicle professional engineer, and the amount was also calculated as KRW 330,000 for the appraisal cost.

Therefore, as an insurer of Defendant vehicle, the Defendant is obligated to pay the Plaintiff the amount of loss caused by fall or the appraisal cost (=6,622,520 won + 330,000 won) as damages and damages for delay.

3. The ordinary amount of damages, when the article is damaged due to tort, shall be reduced by repair cost, if it is possible to repair it, and, if it is impossible to repair it, the exchange value shall be reduced by exchange value, and if part of it is impossible to repair it remains after repair, the exchange value shall also be reduced due to impossibility of repair, in addition to repair cost.