1. The part against the defendant in the judgment of the first instance shall be revoked, and the plaintiff's claim corresponding to that part shall be dismissed.

2...

Basic Facts

The Plaintiff is the owner of BYF Laysta car (the first registration date; December 5, 2012; hereinafter “Plaintiff”) and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with B and D driver with respect to the numberless K5 vehicle (hereinafter “Defendant vehicle”) (hereinafter “Defendant vehicle”).

On October 17, 2014, around 18:50 on October 17, 2014, the driver of the Defendant vehicle affected the center line on the road of the first line in front of the F-do Do Do Ro-gun E, Chungcheongnamcheon-gun, and shocked the left side of the Plaintiff vehicle, which was under normal driving at the top line, into the front left side of the Defendant vehicle.

(hereinafter “instant traffic accident”). The repair cost of the Plaintiff’s vehicle incurred due to the instant traffic accident is KRW 6,290,840 (i.e., KRW 3,507,00 as part cost (= KRW 2,783,840 as part cost).

[Grounds for recognition] A. 2, Eul evidence No. 2, Eul evidence No. 2, and the plaintiff's argument as to the cause of claim for the purport of the entire pleadings led to the traffic accident in this case, which led to the decline in the value of the plaintiff's vehicle to KRW 4,870,00. In this regard, the plaintiff paid KRW 330,000 to be issued with an assessment report on the value of the vehicle

Therefore, the defendant, who is the insurer of the defendant vehicle, is liable to compensate the plaintiff for damages equivalent to KRW 5,200,000.

The amount of damages when the property owned by the relevant law is damaged due to the tort shall be the cost of repair if it is possible to repair it, and if it is impossible to repair it, the reduced value of exchange shall be the normal amount of damages.

Even after repair remains, the reduced value of exchange due to impossibility of repair in addition to the repair cost shall also constitute ordinary damages (see, e.g., Supreme Court Decisions 91Da28719, Feb. 11, 1992; 2001Da52889, Nov. 13, 2001; 2001Da52889, Nov. 13, 2001).