1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is a person holding CMW320D vehicles (hereinafter “Plaintiff vehicle”), and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to E and the Defendant vehicle owned D (hereinafter “Defendant vehicle”).

B. On November 23, 2017, around 10:17, the Plaintiff, while driving the Plaintiff’s vehicle in the vicinity of the Busan Seo-gu F market, had a collision with the Defendant’s vehicle seeking to enter the road in which the Plaintiff was operating (hereinafter “instant accident”).

C. In the instant accident, the Plaintiff suffered damages from damage to the fronter, the net, the right fences, the right hrum, etc. on the Plaintiff’s vehicle, and the total repair cost of up to 7 million won was required to repair it.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff’s assertion that the Plaintiff’s vehicle was destroyed due to the instant accident, and the exchange value of the said vehicle has decreased to KRW 5 million, so the Defendant shall pay the Plaintiff the amount of the decline in the exchange value as compensation for damages.

3. Determination

A. The amount of damages when the property owned by a tort is damaged shall be the cost of repair if it is possible to repair it, and if it is impossible to repair it, the reduced value of exchange shall be the ordinary amount of damages.

Even after repair remains, in cases where parts that cannot be partially repaired remain, the reduced value of exchange due to the impossibility of repair in addition to the repair cost constitutes ordinary damages (see, e.g., Supreme Court Decisions 91Da28719, Feb. 11, 1992; 2001Da52889, Nov. 13, 2001); however, there is an empirical rule that, in addition to the repair cost, there is a considerable decrease in the value of exchange whenever possible, in addition to the repair cost.

(2) If such damage is ordinarily foreseeable, it shall not be deemed that such damage is ordinarily foreseeable.

(See Supreme Court Decision 81Da8, Jun. 22, 1982). However, major structural parts of a motor vehicle are damaged due to such reasons as major structural parts are destroyed.