1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

1. Basic facts

A. The Plaintiffs are the owners of vehicles listed in the attached Table.

The defendant is an insurer who has entered into a comprehensive motor vehicle insurance contract with respect to a sea-going vehicle which caused a traffic accident listed in the attached Table.

B. A traffic accident listed in the attached Table (hereinafter “each traffic accident of this case”) destroyed the Plaintiffs’ vehicle and received repair as shown in the attached Table.

The defendant paid insurance money for the damage, such as repair cost and loan fee.

【Reasons for Recognition】 Records of Evidence Nos. 1, 2, 3, and 5 (including paper numbers) and the purport of the whole pleadings

2. Determination as to the cause of action

A. When an article is damaged by a tort due to the relevant legal doctrine, the amount of ordinary damages would be the cost of repair if it is possible to repair it, and the exchange value when it is impossible to repair it.

Where part of repair is not possible even after repair remains, the reduced value of exchange due to the impossibility of repair in addition to the repair cost falls under ordinary damages.

(See Supreme Court Decision 91Da28719 delivered on February 11, 1992, and Supreme Court Decision 2001Da52889 delivered on November 13, 2001, etc.). However, in a case where a motor vehicle caused serious damage to the main structural frame of the engine or body due to an accident, barring any special circumstance, it would be consistent with the empirical rule to deem that there exists a remaining portion of the motor vehicle’s price decline, which would not be restored to its original state, even if the motor vehicle was technically feasible repair, barring any special circumstance. Accordingly, the damage resulting therefrom constitutes ordinary damages.

The issue of whether such an accident constitutes an accident with serious damage is the concept of trade in the society, comprehensively taking into account the following circumstances: (a) the developments and degree of the accident; (b) the parts and seriousness of the damage; (c) the repair method; (d) the annual formula and mileage of the automobile; the ratio of the repair cost to the value of the automobile at the time of the accident; and (e) whether there was an acceptance of the degree to be recorded as the history of the accident in