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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. The court's explanation on this part of the basic facts is the same as the part concerning the basic facts under paragraph (1) among the grounds of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420
2. Judgment on the plaintiff's assertion
A. 1) The Plaintiff’s assertion 1) The Plaintiff asserts that the Plaintiff was liable to pay the Plaintiff KRW 5,810,000 for the loss caused by the instant accident, and that the Defendant is obligated to pay the Plaintiff the loss amounting to KRW 5,810,00,00 for the loss caused to the Plaintiff. 2) In a case where the goods were damaged due to the pertinent legal doctrine, the amount of ordinary loss would be the repair cost if it is possible to repair, the exchange value would be the decreased if it is impossible to repair, and in a case where there exist parts that cannot repair even after repair, the decrease in exchange value due to the impossibility
(See Supreme Court Decision 91Da28719 delivered on February 11, 1992, and Supreme Court Decision 2001Da52889 delivered on November 13, 2001). Meanwhile, in a case where a motor vehicle causes serious damage to the main structural part of the engine or body due to an accident, etc. of an engine or body, the repair thereof and the completion of a functional and technical restoration for the operation of the vehicle’s external appearance or flat, even if it is difficult to deem that the motor vehicle completely restored its original status.
This is because, depending on the degree of accidents, damaged parts, etc., there is a possibility that any defect in the use or disability remaining, such as decrease in corrosion or corrosion that absorbs the external shock even after repair, decrease in the period of use due to the weakening of the strength of the vehicle, the production of corrosion or noise and vibration on the repair part, etc., or decrease in the rate of occurrence of failure, etc.
Where a motor vehicle dealer sells or arranges the sale of a motor vehicle in the Motor Vehicle Management Act, a motor vehicle performance and condition inspector shall be the relevant motor vehicle.