손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court's explanation concerning this case is as follows: ① (i) the second 4 and fifth 5 of the judgment of the court of first instance deleted "to avoid a vehicle parked therein" and ② the first 17th "the Defendant" is an obstacle installed to prevent the entry of a motor vehicle into the bicycle lane into the road or the turfy road instead of the boundary stone in order to prevent the entry of the motor vehicle into the road or the turfy road instead of the boundary stone; (ii) the fence of the ordinary steel metal material is installed, or the instant boundary of the rubber or plastic material is installed even if the boundary turfs, etc. can be installed; and (iii) the Plaintiff's new argument at the trial are as stated in the judgment of the court of first instance, except in addition to the following determination, it is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined;
A. The Plaintiff’s assertion that the instant accident occurred when the Plaintiff was trying to avoid a vehicle which is illegally parked and stopped while getting on a bicycle, while getting on a bicycle, while getting on the right side of the bicycle.
However, as the Defendant, as the managing entity of the instant bicycle lane, is obligated to control illegal parking and stopping vehicles on the bicycle lane and manage them without any inconvenience, and thus, the Defendant is liable to compensate for damages suffered by the Plaintiff.
B. In light of the judgment, the fact that the Plaintiff was injured because it was sleeped on the bicycle lane of this case is identical to the facts found in the above basic facts. However, there is no evidence to acknowledge the Plaintiff’s assertion as to the site situation at the time of the accident of this case, such as whether there was a vehicle illegally parked on the road of this case at the time of the accident, and how the vehicle was parked in any form, etc.