1. Of the part against the plaintiff in the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordering payment below.

1. Facts of recognition;

A. The Plaintiff is the owner of a CMW520D vehicle (hereinafter “victimd vehicle”).

B. On December 1, 2017, the Plaintiff suffered damage (hereinafter referred to as “instant accident”) due to drilling accidents caused by D vehicles located near the 137th intersection of the Silsung-si 137-Eup in the postal administration (hereinafter referred to as “Korean vehicle”).

B. The Defendant is a mutual aid business entity that has entered into a mutual aid agreement for a hazard vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Eul evidence 2-2, Eul evidence 4, the purport of the whole pleadings

2. The Plaintiff asserts that the Plaintiff is liable to compensate the Plaintiff for the damages equivalent to the decrease in the value of exchange remaining after the repair of the damaged vehicle, since the Plaintiff suffered significant damage to the damaged vehicle due to the instant accident, which had been technically feasible parts of the said vehicle and still remains unreparable even after the completion of repair.

In this regard, the defendant asserts that the damage corresponding to the decrease in the remaining exchange value even after the repair of the damaged vehicle constitutes a special damage, and that the defendant did not have any obligation to compensate for the damage because it could not be known that the damage corresponding to the decrease in exchange value would have occurred.

3. Occurrence of liability for damages;

(a) When goods are damaged due to a tort, the amount of ordinary damages shall be the repairing cost, if possible, and the exchange value shall be the amount reduced if it is impossible to repair them;

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). However, motor vehicles are the major frameworks of engines or bodies due to accidents.