1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is the owner of the Plaintiff’s B vehicle (hereinafter “Plaintiff’s vehicle”), and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to C vehicle and D vehicle (hereinafter “Defendant’s vehicle”).

B. On October 11, 2014, at the entrance of the Seongbuk-gu Seoul Yung-dong tunnels, the Defendant paid 2,977,104 won to the insurer of the Defendant’s vehicle for repair on the damaged parts of the Plaintiff’s vehicle.

C. The Plaintiff’s vehicle is AMTI, the same type as the Ors Vehicle that was domestically sold by the AMTI, and the repair company could not seek parts of the AMT vehicle during the process of repairing the Plaintiff’s vehicle, and the repair company replaced the Plaintiff’s vehicle’s parts with the AMT vehicle’s part. The repair company replaced the AMNT vehicle’s part.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion argues that the part of other vehicles was used in the course of repairing the Plaintiff’s vehicle destroyed by the instant accident, and the value of the Plaintiff’s vehicle was significantly lowered due to an accident. The above value decline damages are not completely compensated even if the Defendant fully pays the repair cost of the Plaintiff’s vehicle. Therefore, if the Plaintiff did not incur an accident due to the damages, the Defendant should pay KRW 599,962, which is the difference between the value of the Plaintiff’s vehicle and the value of the vehicle after the completion of the repair.

B. The amount of damages when the property owned by the tort is damaged shall be the repairing cost if it is possible to repair it, and the exchange value if it is impossible to repair it.