1. The Defendant’s KRW 4 million to the Plaintiffs, and as to this, 5% per annum from July 29, 2016 to June 1, 2017.

1. Facts of recognition;

A. The plaintiffs are owners of CMW vehicles, and the defendant is entitled to mutual aid agreements for taxi.

B. On July 29, 2016, around 14:05, the taxi conflicts with the front side of the BMW vehicle and the taxi right side of the taxi, which was sent to four-lanes in accordance with the progress signal from the long distance from the beneficiary distance to the non-a complex surface, even though the taxi was a movable and low-section stop signal from the flow of the 631-7 Intersection in Ansan-dong, Young-gu, Busan Metropolitan City.

(hereinafter “instant accident”. The taxi is referred to as “cab” and BMW as “victimd vehicle.”

The Defendant spent KRW 33,987,886 of the cost of repairing the damaged vehicle due to the instant accident, and paid KRW 4.5 million to the Plaintiffs.

[Evidence] Facts without dispute, Gap 1, 2, 3, Eul 1, the purport of the whole pleadings

2. Determination

A. Where a motor vehicle is damaged due to a tort, the damage is the cost of repair if it is possible to repair, and where it is impossible to repair, the decrease in the value of exchange shall be the ordinary damage. Where part of repair is not possible after repair, the reduced value of exchange due to impossibility of repair shall be the ordinary damage in addition to the cost of repair.

(See Supreme Court Decision 91Da28719 delivered on February 11, 1992). On the other hand, there is an empirical rule that, in addition to the repair cost, there is a considerable decrease in the value of the destroyed vehicle whenever it is possible to repair the destroyed vehicle.

Nor can it be deemed that such damage is ordinarily foreseeable, and the damage caused by a decline in the exchange value in addition to the cost of repair should be deemed to constitute a special damage (see Supreme Court Decision 2012Da115298, Dec. 11, 2014). However, even if the damaged motor vehicle is repaired in light of the amount of expenses incurred in the damaged motor vehicle’s damaged part and the repair, the exchange value is likely to be reduced, and where the damaged motor vehicle is damaged due to an accident, the exchange value is the value.