1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is the owner of a rocketing rental car (hereinafter “Plaintiff”) and the Defendant is the following:

As stated in paragraph (1), the insurer who has concluded a comprehensive automobile insurance contract with respect to the vehicle shocked by the Plaintiff (hereinafter referred to as “Defendant vehicle”).

B. On July 14, 2015, around 16:07, the driver of the Defendant vehicle driven the Defendant vehicle on the road between the set-off main apartment complex 4 and the six complex in Seoul Special Metropolitan City, Nowon-gu, and shocking the parts of the fences and wheelchairs front of the left side of the Plaintiff vehicle.

(hereinafter “instant accident”). C.

Plaintiff

The instant accident caused damage to the vehicle amounting to KRW 5,746,928 (i.e., KRW 1,691,580, value-added tax of KRW 522,448).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. After receiving the instant accident, the Plaintiff: (a) repaired the Plaintiff’s vehicle; (b) even after repairing the said vehicle, there remain remaining parts that make it impossible to repair the Plaintiff’s vehicle due to the decline in durability due to the low-carbon vibration, noise, and materials deterioration; and (c) accordingly, the Plaintiff’s heavy and high-class market price of the Plaintiff vehicle compared to

Ultimately, due to the instant accident, the Plaintiff’s exchange value of the Plaintiff’s vehicle (hereinafter “accident damage”) was reduced, which constitutes ordinary damages or potential special damages due to traffic accidents, and thus, the Defendant is obligated to compensate the Plaintiff for the amount of KRW 3,412,545 (i.e., the decline in the market price (= KRW 3,082,545), and damages for delay.

B. The amount of damages when the goods were damaged due to the tort shall be the cost of repair if it is possible to repair the goods, and if it is impossible to repair the goods, the reduced value shall be the ordinary amount of damages, and some repairs shall be made even after repair.