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All appeals filed by both the plaintiff and the defendant are dismissed.
Expenses for appeal shall be borne individually by each person.
The purport of the claim and the appeal.
Reasons
1. Basic facts
A. The Plaintiff is the owner of the mixed fish code Habrid C Automobile (hereinafter “instant vehicle”) and suffered damage to the instant vehicle due to an accident that, around June 29, 2018, would be due to the front-round 21:23, 2018 (hereinafter “the instant traffic accident”), the front-round 21:23, 2018, the front-round 21:23, and the front-round 21:23, 201, west-gu, west-gu, west-gu, west-gu, west-gu, west-do (hereinafter “the instant traffic accident”). The Defendant is the insurer who concluded the instant comprehensive automobile insurance contract with respect to the said ice in the instant traffic accident.
B. On the other hand, on August 27, 2018, the Defendant paid KRW 1,001,000 to the Plaintiff as damages for the decline in the exchange value of the instant vehicle caused by the instant traffic accident.
[Grounds for recognition] Evidence Nos. 1 and 2-1, Eul's Evidence Nos. 1 and 4, and the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the Plaintiff’s cause of the instant traffic accident led to the Plaintiff’s failure to repair the instant vehicle, even if the instant vehicle had been technically able to repair due to serious damage, such as destruction of major structural parts, etc., and caused damage to the price decline in the automobile (hereinafter “accident damage”). As such, the Defendant, who is the insurer of the instant vehicle, is obliged to pay the Plaintiff the amount stated in the purport of the claim as compensation for the loss caused by the Plaintiff’s shooting.
B. (1) In the event that an article is damaged due to a tort caused by an exchange value decline, the amount of ordinary damages is the amount of repair cost, if it is possible to repair it, the amount of exchange value decrease if it is impossible to repair it, and in the event there remain parts that cannot repair it even after repair it, the amount of decrease in exchange value due to impossibility of repair in addition to repair cost (see, e.g., Supreme Court Decision 2001Da52889, Nov. 13, 2001). Major frames of a motor vehicle are as follows.