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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. On March 29, 2016, at around 16:20, the Plaintiff waiting for left-hand turn signals while driving BMW520D vehicles owned by 99% of the share at the intersection near the Busan National University Hospital (hereinafter “Plaintiffs”). On March 29, 201, the Plaintiff received the rear part of the Plaintiff’s vehicle.
(hereinafter “instant accident”). (b)
The Plaintiff vehicle is a vehicle registered after being released on December 17, 2015 and its market price is approximately KRW 48,000,000 at the time of the instant accident. However, in the event of the instant accident, it is necessary to cut off and use the vehicle in exchange with a relationship connected to the exchange of a ridge (consort), the left-hand gate, and the exchange of a relationship connected with a neighboring panel, not a V assembly.
The repair cost of KRW 16,236,039 was required.
C. The Defendant paid KRW 2,391,00,000, which is compensation for shock damage according to the automobile insurance clause, to the insurance company that entered into a comprehensive automobile insurance contract with respect to the above Bosch Rexton vehicle.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Occurrence of liability for damages;
A. The Plaintiff’s alleged vehicle is obligated to pay to the Plaintiff the amount of KRW 5,105,292, the exchange value reduction amount of the Plaintiff’s vehicle due to the instant accident, totaling KRW 275,00,380,292, and delay damages, even if the repair of the damaged part is completed due to the instant accident, in light of the volume of the damaged part and the amount of the repair cost.
B. (1) The amount of damages when a vehicle is damaged due to a tort of the relevant legal doctrine shall be the cost of repair if it is possible to repair the vehicle, and if it is impossible to repair it, the reduced value of exchange would be the ordinary amount of damages. However, the repair cost shall not be paid in cases where a part of repair is not possible even after repair.