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1. The defendant's appeal against the plaintiffs and the request for return of provisional payment are all dismissed.
2. Costs of appeal; and
Reasons
1. The particulars of each of the instant accidents are as follows:
(hereinafter referred to as “Plaintiff 1 vehicle” and “Plaintiff 2 vehicle” in the table Nos. 1 and 2. The Plaintiff, as the lessee of Plaintiff 1 vehicle, was transferred the right to claim damages due to the decline in the value of the market price of the vehicle caused by the No. 1 accident from the owner of Plaintiff 1 on November 15, 2017.
The owner of an automobile number and the details of the vehicle accident at the time of the accident at the time of the vehicle registration ( odometer) at the time of the accident, the Defendant is an insurer who entered into a comprehensive insurance contract for the vehicle at the time of the occurrence of the accident at KRW 1,200,00,000,000 for the 2B BF 2,017-11-02,000,000,000 won during the stop at around 1,20,000,000,000 after the afterma 520D 20D 207-13 (17,142 km) 1,650,000 won during the atmosphere of the signal at around 2017-11-02 18:05.
[Reasons for Recognition: Descriptions A1 to 3, and 6 (including paper numbers)]
2. The parties' assertion
A. The plaintiffs 1 and 2's assertion that the plaintiff 1 and 2's major structural part were seriously damaged due to the accident in this case and they were unable to repair even if they were technically able to repair, so the defendant is obligated to pay the plaintiff 6,070,000 won and 3,970,000 won to the plaintiff 2 in compensation for damages other than repair costs.
B. Since the part of each of the instant claims asserted by the Defendant is both the front part of the vehicle and the repair of the Plaintiff 1 and the Plaintiff 2 is completed, it cannot be deemed that there remains any damage to the decline in exchange value, and even if so, such damage exists.
It should be regarded as a special damage that the perpetrator knew or could not know, and the exchange value decline in the appraisal report should be rejected or reduced unfairly.
3. Determination
A. The ordinary amount of damages when the goods were damaged due to the tort in the relevant legal doctrine is acceptable, the repair cost and the repair cost.