자동차사고로 인한 교환가치의 하락 손해에 대한 배상

When a vehicle is damaged due to a car accident, the damages of a decrease in exchange value due to a car accident (hereinafter referred to as “price drop damage”) can occur even though the accident vehicle has been repaired. the Supreme Court has sentenced conflicting judgments over whether to recognize the “price drop damage” of a vehicle damaged by a car accident as “ordinary damage” or “special damage”. recently, the Supreme Court has ruled that if a car is seriously damaged in a traffic accident, the damage caused by the price drop damage of the accident vehicle is considered “ordinary damage”. The ruling appears to have accepted that the lower court's ruling the damage to the vehicle was seriously damaged and the damage caused by the price decline was regarded as ordinary damage. it is also meaningful to confirm that the damage caused by the drop in the exchange price due to “the occurrence of serious damage to the automobile (for example, damage to the main body)” corresponds to the ordinary damage. However, the credibility of the method of calculating the amount of damage caused by price drop in practice often raises doubts, and it is practically impossible to distinguish the drop in subjective value by the amount of price drop. also, although complete repairs are possible, the fact that price declines are allowed depends on the reality of trading in the market, allowing illegal actors to anticipate the reality of such trading. there is no rational basis for the scope of damages to vary depending on the situation. Anyone can expect that in the event of a car accident, repairing the vehicle will reduce the value of the accident vehicle, whether or not it is severely damaged. Therefore, a fall in the price of an accident vehicle should usually be seen as a ordinary damage.