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.

Basic Facts

The Plaintiff is the owner of Benz CSS 63 AMG vehicles (hereinafter referred to as “victims”). The Defendant is the insurer that entered into an automobile insurance contract with the owner of the Plaintiff’s vehicle C (hereinafter referred to as “AR vehicle”). On March 27, 2017, the vehicle used the Seoul Gangseo-gu Seoul Metropolitan Government Olympic Games in the direction of Seoul in the direction of Kimpo, while the vehicle was driving in the direction of Seoul in the direction of Gangseo-gu, Seoul.

(hereinafter “instant accident.” The Plaintiff repaired a damaged vehicle under the Defendant’s payment guarantee, and 18,734,760 won was required for the exchange and repair of the ridged floor.

[Ground of recognition] The plaintiff's assertion about the absence of dispute, Gap's statements in Gap's evidence Nos. 1 through 5, and the ground of claim as a whole of the pleadings led to the plaintiff's remaining defects in the damaged vehicle's functions and pipes which cannot be repaired due to the accident in this case, and the accident records remaining.

Therefore, since the exchange value of damaged vehicles has decreased by 12,066,094 won, the defendant shall compensate the plaintiff for the above exchange value decrease.

Judgment

The amount of damages when a thing is damaged due to a 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 ordinary amount of damages.

Where part of repair is not possible even after repair remains, the reduced value of exchange due to the impossibility of repair in addition to the repair cost falls under ordinary damages.

(see, e.g., Supreme Court Decision 2001Da52889, Nov. 13, 2001). The Plaintiff asserts that the damaged vehicle can not repair the damaged vehicle and that there is a reduced exchange value.

However, the following circumstances, which are acknowledged by the foregoing evidence, Gap evidence No. 6, Eul evidence No. 4 video (including paper numbers) and the purport of the whole pleadings, are as follows, namely, ① photographs after the accident of the damaged vehicle.