The defendant shall pay 830,000 won to the plaintiff and 5% per annum from July 4, 2015 to November 20, 2015, and the next day.

Basic Facts

On May 22, 2015, the Defendant: (a) was driving the K5 vehicle (hereinafter “instant vehicle”) from the Plaintiff on a siren on May 24, 2015; (b) the accident occurred on May 24, 2015 while driving the vehicle.

On May 25, 2015, the Plaintiff scrapped the instant vehicle on or around June 26, 2015, after receiving an estimate of KRW 20,638,308 of the repair cost incurred by the destruction of the instant vehicle. However, the Plaintiff purchased a new vehicle from October 22, 2015 due to the Plaintiff’s financial situation and completed registration.

The Plaintiff is applying the fare of KRW 166,000 per day when he/she lends a vehicle of the same kind as the instant vehicle for at least seven days.

The expiry date of the age of the instant vehicle is December 30, 2016.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 7, and the purport of the whole pleadings is asserted by the plaintiff as to the purport of the whole pleadings, the defendant is obligated to pay to the plaintiff 4,737,000 won (539 days x 16,000 won x 50%) equivalent to 50% of the rental fee for the same kind of vehicle (166,000 won) from July 1, 2015 to December 30, 2016 (539 days x 539 days x 16,00 won x 50%).

Judgment

Where a business item is destroyed by a tort, the profits that would have been accrued if the business had been continued by using the goods for a reasonable period necessary to prepare other goods in lieu thereof, i.e., losses on business suspension, as far as possible, shall be compensated for as possible, separately from the exchange value.

(See Supreme Court en banc Decision 2001Da82507 Decided March 18, 2004). In light of the above legal principle, the damage of suspension of business to be compensated by the Defendant is the profit that the Plaintiff could have continued to conduct the business by using the instant vehicle for a reasonable period necessary to purchase another new vehicle instead of the instant vehicle. Thus, the damage of the instant vehicle due to the instant accident seems to have been immediately confirmed, and the extent of the damage of the instant vehicle would normally have been 10 days until the purchase and use of the new vehicle.