1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The defendant.

1. Basic facts

A. The Plaintiff is the owner of the B-Motor vehicle, and the Defendant is D and the insurer who concluded the comprehensive motor vehicle insurance contract with D having C motor vehicles.

B. On April 1, 2015, the Plaintiff was faced with a traffic accident that causes damage to the Plaintiff’s motor vehicle due to the foregoing motor vehicle driven by D from the private distance of the Silung-dong, Silung-dong, Seoul.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 3, Eul evidence 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the automobile was damaged after the plaintiff suffered the above traffic accident.

However, even after repair, there are parts that cannot be repaired, such as reduction of the period of use, functional failure, etc., and the existence of accident-electric power alone, causing the decline in exchange value (hereinafter “accident damage”). Such accident damage constitutes ordinary damages caused by traffic accidents or potential special damages.

Therefore, the defendant is liable to compensate the plaintiff for the 2,500,000 won and damages for delay.

B. Determination 1) The amount of damages when an article is damaged due to a tort shall be the cost of repair if it is possible to repair, and if it is impossible to repair it, the amount of reduced exchange value shall be the ordinary amount of damages. Thus, in cases where part of repair is not possible even after repair remains, the amount of reduced exchange value due to impossibility of repair in addition to the cost of repair shall constitute ordinary damages (see, e.g., Supreme Court Decision 2001Da52889, Nov. 13, 2001). However, in addition to the cost of repair where repair is possible, it shall not be deemed that there is an empirical rule that there is a reduced exchange value at any time except for the cost of repair, or that such damage would be ordinarily foreseeable (see, e.g., Supreme Court Decision 81Da88, Jun. 22, 1982).