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1. The Defendant’s KRW 4,685,813 as well as the Plaintiff’s KRW 5% per annum from June 18, 2014 to November 24, 2016.
Reasons
1. Occurrence of liability for damages;
A. On June 18, 2014, at around 11:10, 2014, B opened a door door of the driver’s seat of the Defendant’s vehicle in order to park and load the CA car (hereinafter “Defendant’s vehicle”) on the front of the 607 household distance prior to the Seoul Gwangjin-gu Seoul Special Metropolitan City, and shocked the bicycle of the Plaintiff’s vehicle, which was under the left-hand side of the Defendant’s vehicle, into the Defendant’s seat door of the Defendant’s vehicle. As a result, the Plaintiff suffered from the injury, such as the upper left-hand shouldered frame, the strings of the offline, and the ruptures of the Defendant’s vehicle.
(2) The Defendant is an insurer who entered into a comprehensive motor vehicle insurance contract with respect to the Defendant’s vehicle.
[Ground of recognition] Facts without dispute, Gap's evidence, Gap's evidence 1 to 4, Gap's evidence 1, 2, Gap's evidence 12-1 to 8, Eul's evidence 1, and the purport of whole pleadings
B. According to the above facts, the driver of the defendant vehicle caused the accident of this case by neglecting his duty of care to open a door of the driver's seat in order not to obstruct traffic by examining the surrounding areas, and thereby neglecting this duty. The defendant is the insurer of the defendant vehicle, who is liable to compensate for the damages suffered by the plaintiff due to the accident of this case.
C. Limit of liability, however, the Plaintiff is negligent in neglecting to take due care of the situation of the vehicle, such as door opening, when passing by the vehicle parked on the side, and such negligence of the Plaintiff is deemed to have caused the occurrence of the instant accident and the expansion of damage. Therefore, taking this into account, the Defendant’s liability is limited to 90%.
(10% of the plaintiff's fault ratio) 2. The same item shall be the same as the 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, but less than the last month and less than KRW 1 shall be discarded.
The current value calculation at the time of the accident shall be the one that deducts the interim interest at the rate of 5/12 per month.