1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid shall be revoked.

2...

1. Basic facts

A. On December 31, 2015, the Plaintiff parked B automobiles owned by it (hereinafter “Plaintiffs”) in the apartment parking lot where he/she resides. However, the Defendant’s insured C Car, an insured vehicle (hereinafter “Defendant Vehicle”), set Brick while driving, and received the Plaintiff’s vehicle.

(hereinafter “instant accident”). (b)

The Plaintiff’s vehicle is a vehicle registered after being released on July 19, 2013, and its market price was approximately KRW 19,500,000 at the time of the instant accident, and the Plaintiff’s vehicle repaired the left-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-on-cover exchange, exchange on both sides, etc.

C. In the instant accident, the negligence of the Defendant vehicle is 100%.

The Defendant paid the Plaintiff KRW 6,140,000, total of KRW 1,980,000, total of KRW 8,120,000 to the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant vehicle, with the direct cost of repair, etc. in accordance with the automobile insurance clause.

[Ground of recognition] A without dispute; Gap evidence Nos. 1, 4, 5; Eul evidence Nos. 3; the result of the fixed commission of vehicle reduction by the court of the appellate court; the purport of the whole pleadings

2. Occurrence of liability for damages;

A. Even if repair is completed on the part of the Plaintiff’s damaged part of the Plaintiff’s vehicle due to the instant accident, there remain remaining parts where repair is impossible, and it can be sufficiently predicted that the value of the Plaintiff’s vehicle would be reduced in light of the damaged part and the repair cost. Therefore, the Defendant is obliged to pay to the Plaintiff the decreased value of the Plaintiff’s vehicle 3,305,578 won and its delay damages caused by the instant accident.

B. Article 2(6) of the 1st Motor Vehicle Comprehensive Insurance Standard Clause provides that with respect to automobile cleaning damage, in the case of a motor vehicle for which two years or less have not yet passed after its release, part of the repair cost is recognized and paid as damages. However, at the time of the instant accident, the Plaintiff's vehicle was more than two years and five months after its release.