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1. Of the part against the plaintiff in the judgment of the court of first instance, the part against the plaintiff who is ordered to pay below.
Reasons
1. Facts of recognition;
A. Funstrento (hereinafter “Plaintiff”) owned G Co., Ltd. (hereinafter “G”), a leased company. On October 22, 2018, G transferred the instant damage claim to the Plaintiff, a lessee, and the Plaintiff delegated the right to notify the transfer, notified the Defendant of the transfer of the instant claim by serving a duplicate of the instant complaint.
B. The Defendant is an insurer who has concluded an automobile insurance contract with respect to the instant vehicle that caused the instant accident.
C. The date of the registration, the date of the accident, and the details of the accident are as listed below.
Plaintiff
The details of the first time accident of the vehicle involved in the accident on February 1, 2017, the Plaintiff’s vehicle strawing the central line on December 14, 2017.
D. The Plaintiff’s vehicle was destroyed due to the instant accident. At the time of the instant accident, the odometer, repair details, etc. are as follows: (a) the standard repair cost 27,670km at the time of the accident, 30,220,00 won at the time of the following appraisal of the appraisal of the repair cost and the appraisal of the repair cost 17,719,623 won at the market price: Crhum: Frart Panel (Exchange), the left-hand wheel wheel, and the left-hand frick: 6,850,000 won: 30,000 won: the sum of KRW 7,150,000 is as indicated in the list of KRW 6,850.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3; Gap evidence Nos. 4 and 6; the result of the court of first instance’s commission of appraisal to appraiser H; the purport of the whole pleadings
2. Determination
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). However, motor vehicles are the major structural parts of engines or bodies due to accidents.