1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is the owner of QM3 Motor Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who entered into a comprehensive motor vehicle insurance contract with respect to the vehicle for the vehicle for the vehicle for QM3 (hereinafter “Defendant vehicle”).

B. On January 3, 2014, the Plaintiff registered the Plaintiff’s vehicle, and around January 22 and 20 on January 8, 2014, the Plaintiff’s previous E in Gyeyang-gu, Young-gu, Seoyang-gu, Seoyang-gu, caused an accident where the Plaintiff’s vehicle was inferred by the Defendant’s vehicle.

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

The Defendant paid the Plaintiff the premium of KRW 4,070,000 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s assertion that, even after repair due to the instant accident, the Plaintiff suffered damages from the decline in the exchange value of the Plaintiff’s vehicle in KRW 5,159,00,00, which constitutes ordinary damages, and thus, the Defendant, who is the insurer of the instant vehicle, is liable to compensate the Plaintiff

B. Determination 1) The amount of damages when a portion owned by a tort is damaged shall be the cost of repair if it is possible to repair, and if it is impossible to repair it, the amount of reduced value shall be the ordinary amount of damages. In a case where a part of repair remains after repair, in addition to the cost of repair, the reduced value of exchange due to impossibility of repair shall be deemed ordinary damages (see, e.g., Supreme Court Decisions 91Da28719, Feb. 11, 1992; 2001Da52889, Nov. 13, 2001); however, in a case of this case, it shall not be deemed that there is an empirical rule that there is a reduced value of exchange at any time other than the cost of repair, or that such damage may be ordinarily predicted (see, e.g., Supreme Court Decision 81Da88, Jun. 22, 1982).