CONTENTS
- 1. The Client's Situation

- - What Property Damage Compensation Is
- - Case Law Relating to Property Damage Compensation
- 2. Damages Attorney, Assistance With the Client's Damages Lawsuit

- - Argument on the Scope of Damages
- 3. Result of the Damages Attorney's Assistance: The Defendant Accepted All Claims

1. The Client's Situation

The client wished to claim compensation for property damage arising from an accident.
The client looked for an attorney with extensive experience in damages matters and chose Daeryun Law Firm.
What Property Damage Compensation Is
If a vehicle or other property is damaged in a traffic accident, the costs of repair and other property damage may be claimed.
Property damage compensation refers to compensating for the loss caused to a victim's property as a result of a traffic accident.
This may include not only vehicle repair costs but also personal belongings damaged in the accident.
-Repair Costs
Vehicle repair costs arising from a traffic accident may be claimed.
If the vehicle is damaged beyond repair, the amount of loss is the difference between its exchange value immediately before the accident and the amount obtained from selling the vehicle after the accident.
If repair is possible, the repair costs may be claimed, but those costs cannot exceed the exchange value immediately before the accident.
In particular, if an accident occurs shortly after the vehicle was first delivered, the diminution in the vehicle's value (diminished-value loss) is also included within the scope of compensation, but for a vehicle delivered long before the accident it is often difficult to prove diminished-value loss, so this category of loss is difficult to recover.
In the case of high-end vehicles in particular, the amounts involved are larger, so it can be helpful to proceed with the assistance of an attorney.
-Replacement Costs
The cost of renting a replacement for an item that cannot be used during the time it takes to repair or repurchase it after an accident is also included within the scope of compensation.
If a car is damaged in a traffic accident, the cost of renting a vehicle of the same class as the damaged one is also included within the scope of damages.
-Compensation for Business Losses
If property used for business is damaged, the reduction in income caused by the inability to use that property is also subject to compensation.
In this case, the amount of loss is calculated by multiplying the daily loss by the period it takes to repair or repurchase the business property.
However, if the victim owns other business property or replacement costs are recognized, business-suspension losses cannot be claimed.
Case Law Relating to Property Damage Compensation
1. Case Law on Compensation for Diminution in the Exchange Value of a Vehicle Involved in a Traffic Accident
While driving his Grandeur sedan, A was struck from behind by a following vehicle.
The accident damaged the vehicle's rear bumper and trunk, among other parts, and although A received 3.76 million won in repair costs, he filed a lawsuit seeking additional compensation, claiming a decline in the vehicle's market value (diminished-value loss) even after repairs.
The Supreme Court held that, where a vehicle is damaged in a traffic accident, the loss due to the decline in exchange value must be compensated in addition to the repair costs for the damaged parts, regardless of the insurance policy terms.
The insurance policy provided that a certain amount corresponding to the decline in exchange value would be paid only where the repair costs exceeded 20 percent of the vehicle's transaction price immediately before the accident, but the Supreme Court held that it was not bound by this provision.
2. Damages Attorney, Assistance With the Client's Damages Lawsuit
The damages attorney provided assistance with the client's property damage lawsuit.
Argument on the Scope of Damages
The damages attorney emphasized that the vehicle at fault in this accident was uninsured.
Because that vehicle was not covered by own-damage insurance, the client was in a position to recover the full repair costs from the at-fault party in the traffic accident.
The damages attorney argued that the repair cost obtained from the repair shop was fifteen million won and requested 🔗traffic accident damages in that amount.
3. Result of the Damages Attorney's Assistance: The Defendant Accepted All Claims
As a result of the damages attorney's assistance, the defendant accepted the claim in this case.
An acceptance is when, in a civil action, the defendant acknowledges that the plaintiff's claim is well-founded.
Upon acceptance, judgment is rendered as set out in the plaintiff's claim.
A record of acceptance has the same effect as a final judgment upholding the claim, so it may be used to carry out compulsory execution and may be used to establish that the content of the claim has formative effect.
If you become involved in a property-damage 🔗damages lawsuit such as the one above, it can be helpful to respond with the assistance of an attorney with extensive experience in such matters.
At Daeryun Law Firm, a lead attorney handling the case together with a supporting attorney & specialist forms a team dedicated to each client, working toward a prompt and accurate resolution.
If you are looking for an 🔗attorney for a situation such as the one described above, please visit Daeryun Law Firm.

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.










