The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

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, e.g., Supreme Court Decisions 91Da28719, Feb. 11, 1992; 2001Da52889, Nov. 13, 2001). Meanwhile, in a case where a motor vehicle causes serious damage to the main structural part of the engine or body caused by an accident, etc. of the engine or body, the repair thereof and the completion of functional and technical restoration for the operation of the vehicle’s appearance or flat, even if it is difficult to deem that the motor vehicle was completely completely restored.

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, when a motor vehicle dealer sells or arranges the sale of a motor vehicle, a motor vehicle dealer shall notify the purchaser of the details of checking the performance and condition of the structure, devices, etc. of the relevant motor vehicle (Article 58(1) of the Motor Vehicle Management Act). On the used motor vehicle performance and condition inspection register issued accordingly, the existence of an accident shall be indicated, but it shall not be simple repair (including sales on the outer side of the motor vehicle, such as id, frgrgrgr, grgrgr, watcher, bitr, and bitr, but shall be members of the main set-off panel, crarr, personnel information panel, and bitr.