The judgment of the court below is reversed, and the case is remanded to Changwon District Court.

The grounds of appeal are examined.

1. Where an article is damaged by a tort, the amount of ordinary damages shall be determined by the cost of repair if it is possible to repair it, by the exchange value if it is impossible to repair it, and where part of it is impossible to repair it remains after repair, it shall be determined by the exchange value reduced due to the impossibility of repair, in addition to the cost

(See Supreme Court Decision 91Da28719 delivered on February 11, 1992, and Supreme Court Decision 2001Da52889 delivered on November 13, 2001). Meanwhile, in a case where a motor vehicle causes serious damage to the main structural part of an engine or body due to an accident, etc. of an engine or body, the repair thereof and the completion of functional and technical restoration for the operation of the vehicle’s external appearance or flat, even if it is difficult to deem that the motor vehicle completely restored its original status.

This is because, depending on the degree of accidents, damaged parts, etc., there is a possibility that any defect in the use or disability remaining, such as decrease in corrosion or corrosion that absorbs the external shock even after repair, decrease in the period of use due to the weakening of the strength of the vehicle, the production of corrosion or noise and vibration on the repair part, etc., or decrease in the rate of occurrence of failure, etc.

In the Motor Vehicle Management Act, where a motor vehicle dealer sells or arranges the sale of a motor vehicle, he/she shall notify the motor vehicle buyer of the details of inspection of the performance, condition, etc. of the structure, devices, etc. of the relevant motor vehicle (Article 58(1)), and the motor vehicle performance and condition inspection register issued accordingly shall indicate the existence of an accident on the motor vehicle inspection register of the relevant motor vehicle; however, it shall include, not simple repair (including sales on the outer side of the motor vehicle, such as drums, liftss, paintings, ridges, etc., and, if there is any receipt and exchange of the main frame, a quota panel, a watch panel, and a watch panel, if any.