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1.The judgment of the first instance shall be modified as follows:
Attached Form
In relation to the stated traffic accident, the plaintiff against the defendant.
Reasons
1. The parties' assertion
A. The Plaintiff’s automobile insurance clause provides, “If the cost of repairing a motor vehicle exceeds 20% of the value of the motor vehicle immediately preceding the accident, 15% of the cost of repairing a motor vehicle shall be paid.”
The plaintiff is obligated to pay 2,475,000 won to the defendant, which is 15% of the repair cost due to price decline damage according to the terms and conditions.
B. 9,290,000 won should be recognized as a price decline damage according to the vehicle appraisal report (the evidence No. 1) received by the Defendant.
2. Facts of recognition;
A. The Defendant is a driver who suffered damage due to shocking from the aspect of B vehicles (hereinafter “victims”) due to a traffic accident listed in the attached Form (hereinafter “instant accident”) (hereinafter “instant accident”), and is the insurer of C vehicle which caused the instant accident.
B. From October 14, 2014 to November 3, 2014, the Defendant received the repair of the damaged vehicle from Banananancho (hereinafter referred to as “banio marbane”), and on December 1, 2014, the Plaintiff paid KRW 16,500,000 for the repair cost to Bancho marbane.
C. At the time of the delivery of the baglass for repair, the front paner, front wheeler, wheelchairs, wheelchairs, wheeler, subsequent fences, and members with a bMW maintenance manual were damaged, and the bM W maintenance manual was revised in accordance with the opinion that “the functional and external problems have not occurred after the completion of repair.”
A professional engineer D who appraised the damaged vehicle at the Defendant’s request is a view that “A vehicle engineer D was manufactured by combining several broken parts with the part that constitutes a major frame of the damaged vehicle, and even if the damaged vehicle was repaired and restored once again, it does not maintain the strength of the sign as the first time, so it does not fall short of the degree of shock, and the heavy high-class market price is lowered due to such reasons.”
(vehicle Appraisal Reports).