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1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is the owner of BLF rocketing other vehicles (hereinafter “Plaintiff-motor vehicle”), and the Defendant is the insurer who entered into an automobile insurance contract with respect to C observer vehicles (hereinafter “HE”).
B. At around 16:50 on August 13, 2015, the driver of the Liber vehicle, at the port of South-gu, facing the front portion of the Plaintiff’s vehicle that entered one lane in one way to show the opposite direction in the process of combining the 31th national road square marbing point with the marbum mar marbum marum marbing point from the marbum marbum off of the marg with the marbalum mar in the direction of the two-lane.
(hereinafter referred to as “instant accident”). C.
As a result of the instant accident, 12,167,670 won (i.e., component cost of KRW 6,690,332), technical cost of KRW 4,136,438, and KRW 343,200 for repair cost of KRW 343,200 for repair cost of KRW 359,70 for the front glass of the vehicle) was damaged by the following:
[Ground of recognition] Facts without dispute, Gap evidence 3, 8, 9, Eul evidence 3 (including numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination as to the cause of action
A. The gist of the Plaintiff’s assertion was destroyed by the main structural part of the Plaintiff’s vehicle due to the instant accident, and the exchange value was KRW 5,500,000 (i.e., the market price assessed as of November 5, 2015 - KRW 21.5 million - the sale price assessed as of November 5, 2015 - the Plaintiff’s vehicle’s 16 million on November 5, 2015), and thus, the Defendant, the insurer of the instant vehicle, is obliged to pay damages to the Plaintiff for the amount of KRW 5,50,000,000 and damages for delay.
B. The ordinary amount of damages when the goods were damaged due to the tort is acceptable, the repair cost and the repair cost, if any.