1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. Basic facts

A. On December 22, 2012, around 22:30 on December 12, 2012, the Defendant’s comprehensive car insurance-related car driver was involved in an accident in which the Plaintiff’s CNS car (hereinafter “instant accident”) was concealed as the foregoing vehicle on the distribution bridge in Yongsan-gu, Yongsan-gu, Seoul (hereinafter “instant vehicle”).

B. After the instant accident, the instant vehicle was repaired by the Hyundai Motor Vehicle Building Service Center, and the Defendant paid KRW 7,480,000 as insurance money.

C. The main repair content of the instant vehicle is a fish panel for the following parts, a set set of members with equitations exchange, a set of equitations, and a set of equitations, etc.

[Ground of recognition] In the absence of dispute, Gap 1, 2, 4, Eul 2, Eul 2, the result of the appraisal by appraiser D of the first instance trial, the result of the fact inquiry to the Hyundai Motor Service Center of the first instance trial

2. Even after the Plaintiff’s assertion was accepted due to the instant accident, the Defendant, who is the insurer of the instant vehicle, is liable to compensate the Plaintiff for the damages, since the value of the instant vehicle was reduced by KRW 7,703,226.

3. Determination

A. The amount of damages when the property owned is damaged due to the tort shall be the cost of repair if it is possible to repair it, and if it is impossible to repair it, the reduced value of exchange shall be the ordinary amount of damages.

Even after repair remains, the reduced value of exchange due to the impossibility of repair in addition to the repair cost shall also constitute ordinary damages (see, e.g., Supreme Court Decisions 91Da28719, Feb. 11, 1992; 2001Da52889, Nov. 13, 2001). However, there is an empirical rule that, where repair is possible, there is a substantial decrease in value of exchange, other than the repair cost, always there is a substantial decrease in value.

(2) If such damage is ordinarily foreseeable, it shall not be deemed that such damage is ordinarily foreseeable.

(See Supreme Court Decision 81Da8 delivered on June 22, 1982). B.

(e).