1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

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

B. Around 18:20 on May 21, 2017, the Defendant driver of the vehicle conflicted on the left side of the Plaintiff’s vehicle running in the direction of a gas station in the parking zone with the rear part of the parking lot located on the right side of the Defendant’s vehicle among the rear part of the parking lot located on the south direction of the Jungcheon-si Highway.

(hereinafter referred to as “instant accident”). C.

Plaintiff

Vehicles have been destroyed and replaced by the left-hand frando, Lindo, Sadic Panel, Aquiter Panel, and Rler due to the instant accident, and 18,10,889 won was required at its repair cost.

Plaintiff

The initial registration date of the vehicle shall be 43,300km at the time of the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings

2. Determination

A. In the event of an accident that causes serious damage to the main structural part of a motor vehicle due to the destruction of the main structural part of the relevant legal doctrine, barring any special circumstance, deeming that even if the repair is technically feasible, the repair impossible parts remain, barring any special circumstance, should be in accord with the empirical rule to deem that the said parts remain. The damage resulting from the decline in the price of the motor vehicle falls

In such cases, whether an accident with serious damage to the degree of potential disability exists should be determined objectively and reasonably in accordance with the transaction norms and empirical rules, comprehensively taking into account the following: (a) details and degree of the accident; (b) the parts and seriousness of the damage; (c) the repair method; (d) the rate of repair cost to the value of the automobile at the time of the accident; and (e) whether the repair was made to the degree of repair to be recorded in the performance and condition inspection register of used cars as an accident history.