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1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
(b).
Reasons
1. Facts of recognition;
A. Plaintiff A (public land portion 99/100), Plaintiff B (public land portion 1/100) is the owner of Plaintiff D vehicle (hereinafter “Plaintiff vehicle”).
B. The Defendant is an insurer who has concluded a comprehensive motor vehicle insurance contract with respect to a collision of the Plaintiff’s vehicle as seen below.
C. On June 14, 2017, at around 14:00, an accident occurred that conflicts on the left-hand side of the Plaintiff’s vehicle moving back by a sea-going vehicle.
(hereinafter referred to as “instant accident”) D.
In the accident of this case, the fault ratio of the plaintiff vehicle is 30%.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-1, Eul evidence 3 and 5, and the purport of the whole pleadings
2. The assertion and judgment
A. (1) The parties’ assertion (1) The part that was technically feasible even after completion of repair due to serious damage, such as damage to the main structural frame of the Plaintiff’s vehicle, etc. due to the instant accident alleged by the Plaintiffs remains unreparable to its original state. Therefore, the Defendant is liable to compensate the Plaintiffs for damages arising from price drop.
(2) The Defendant’s alleged automobile insurance standardized terms and conditions stipulate, with respect to damages arising from the decline in the market price of automobiles, that “in a case where the repair cost of a motor vehicle due to an accident (limited to a motor vehicle which has been five years or less after the departure) exceeds 20% of the value of the motor vehicle immediately preceding the release, 15% of the repair cost shall be paid, and 10% of the repair cost shall be paid for a motor vehicle which has been more than one year but not more than two years after its release.” Thus, there was no liability to compensate for the amount exceeding the low market price of the motor vehicle
B. (1) When an article is damaged due to a tort, the amount of ordinary damages shall be the cost of repair if it is possible to repair it, and the exchange value shall be reduced if it is impossible to repair it.
Even after repair remains, a part of which cannot be repaired remains.