1. On October 2, 2015, around 19:00, with respect to traffic accidents caused by D vehicles at the Gangseo-gu Seoul Metropolitan Government C Parking Lot:

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. In the process of parking a D vehicle at the lower parking lot of Gangseo-gu Seoul Metropolitan Government building C on October 2, 2015, around 19:00, and opening a door to the driver’s seat, E faces with the Defendant’s shoulder and the driver’s seat of the Plaintiff’s vehicle.

(hereinafter referred to as “instant accident.” On October 10, 2015, the Defendant was diagnosed by the F Hospital as “F Hospital’s strings of shoulder and arms, the closure of the frame of T11 and T12 and the part part above T12, crypings, crypings, and the part in which details are unknown, NOS, and the part in which it is not known, and received spinal crypology as to the pressure frame No. 12.

The plaintiff is an insurer who has entered into an automobile insurance contract for the plaintiff vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Defendant had pressured 12 times before the date of the instant accident, and that there was no causation between the instant accident and the Defendant’s injury to the pressure frame No. 12, and that the Defendant demanded the Plaintiff to pay damages, and that the Plaintiff did not have the Plaintiff’s liability to compensate for damages arising from the instant principal claim.

B. The defendant's assertion asserts that the defendant's chest 12 pressure alley and shoulder alley were caused by the accident of this case, and the defendant's claim against the plaintiff for the payment of KRW 6,00,000,00 as lost profit, KRW 233,570 as a counterclaim, KRW 23,76,430 as a solatium, and KRW 30,00,00 as a total of KRW 23,76,430.

3. Determination

A. According to the fact that the occurrence of the liability for damages occurred, E did not perform such duty of care in the process of parking a vehicle at a parking lot, despite the fact that there is a pedestrian who is travelling adjacent to the Plaintiff’s vehicle in the course of making a door of the driver’s seat, and thereby, caused the instant accident.