손해배상(자)
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.
2. Of the costs of lawsuit.
1. Basic facts
A. B, around 15:04 on January 18, 2014, driving a C Malaysia car (hereinafter “Defendant vehicle”) and transferred the vehicle to the Plaintiff, who managed the parking on the front of the restaurant located in Gwangju City, in front of the restaurant located in Gwangju City.
However, B conflicts with the part of the Defendant’s seat door that the instant vehicle, while moving back, tried to open the door of the driver’s seat while moving back, was due to the negligence of the vehicle being pushed back and taking speed down later, and the Plaintiff, while moving back the vehicle, was facing the vehicle.
The plaintiff was faced with the face side of the door and was faced with the back water on the floor.
B. From February 20, 2014 to March 15, 2017, the Defendant spent the Defendant’s automobile insurance totaling KRW 38,875,400 (the treatment cost + KRW 33,835,400 + the damage compensation amount KRW 5,040,00) with the Plaintiff’s treatment cost, etc.
[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 1 and 2 (including paper numbers; hereinafter the same shall apply)
2. Determination on the main claim
A. As indicated in the Plaintiff’s assertion, the Plaintiff sought payment of KRW 75,466,00 in total due to the instant accident, such as the amount of damages claimed.
B. According to the above facts finding that the accident of this case occurred due to the operation of the defendant vehicle, the defendant, who is the insurer of the defendant vehicle, is liable to compensate the plaintiff for the damage caused by the accident of this case.
(c) In addition to the matters stated below the scope of liability for damages, it is identical to each corresponding item of the attached Table of the calculation of damages, and the period for the convenience of calculation shall be calculated on a monthly basis in principle, but less than the last month and less than KRW 1 shall be discarded.
The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.
It shall be rejected that the parties' arguments are not separately explained.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 17 through 19, Eul evidence Nos. 1 and 2, and this Court.