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(영문) 수원지방법원 2017.10.13 2016가합75612

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 4, 2013, around 20:00, the Plaintiff was driving along a bicycle lane (hereinafter “instant bicycle lane”) on the side of the road in the direction of the south of the population south-si at Chicago-si, in the direction of the safety of the traffic (hereinafter “the instant bicycle lane”) and driving the bicycle on the sidewalk beyond the above bicycle lane and driving it on the sidewalk as it was, and the bicycle wheels was over the chin of the Manle (hereinafter “the instant Manle”) installed on the said sidewalk.

(hereinafter “instant accident”). B.

The Plaintiff suffered from injury, such as herthala, stress disorder, etc. due to the instant accident.

[Ground of recognition] Facts without dispute, entry of evidence No. 3, purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the accident of this case occurred when entering the bicycle lane of this case and driving along the bicycle lane of this case at the time of the accident of this case, the articles that obstruct the passage of the plaintiff bicycle in the direction of the bicycle of this case are left unattended, and the passage of the bicycle is not easy, such as the removal of the street trees after the removal of the street, and the surrounding soil is not equal. Thus, the accident of this case occurred due to the defect in the management of the above bicycle lane managed by the defendant, and thus, the defendant must compensate the plaintiff for the damage caused by such unlawful act.

B. The Defendant’s assertion that the bicycle lane of this case cannot be deemed to have failed to meet the ordinary safety, and there is no management defect. The accident of this case only occurred by the Plaintiff’s unilateral negligence going through delivery, and the Defendant did not bear the liability to compensate for damages caused by the tort, and even if it is acknowledged that the Defendant is liable to compensate for damages, most of the damages claimed by the Plaintiff that the Plaintiff suffered is not caused by the accident

3. Article 5(1) of the State Compensation Act (hereinafter referred to as the "State Compensation Act").