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(영문) 대전지방법원 2016.06.28 2015나11586

채무부존재확인

Text

1. The judgment of the court of first instance is modified as follows.

On July 23, 2014, 13:00, the head of Seocheon-gun, Chungcheongnamcheon-gun, Chungcheongnam-do.

Reasons

1. The reasoning for the court’s explanation on this part of the facts is as follows: (a) the part of the first instance judgment “1. Recognition” is the same as the part of “1. Recognition” in addition to the deletion of the part of “as a result of a reduction of the speed of the first instance judgment,” which is set forth in the main sentence of Article 420 of the Civil Procedure Act.

2. The judgment on the claim and the counterclaim shall also be deemed to exist.

A. Determination as to the Plaintiff’s tort liability: (1) The bicycle lane under Article 3 (Classification of bicycle lanes) of the Act on Promotion of the Use of Bicycles is classified as follows:

4. Bicycle priority lane: No driver of any bicycle lane or any bicycle lane provided for in Article 13 of the Road Traffic Act (excluding any bicycle) shall pass along the bicycle lane or the roadside area, except places where traffic is permitted with safety marking, by determining a section or lane of a road, the traffic volume of which falls short of the standards prescribed by Presidential Decree and allowing the safe passage of bicycles and other vehicles;

Provided, That the same shall not apply to bicycle priority lanes under subparagraph 4 of Article 3 of the Promotion of the Use of Bicycles Act.

(3) No driver of any motor vehicle shall change course when it is anticipated to impede normal traffic of another motor vehicle running in the direction to which he/she intends to change his/her route.

(4) No driver of any motor vehicle shall apply the brake in order to temporarily stop the motor vehicle or reduce the speed of the motor vehicle, except where he/she intends to prevent any danger and on the grounds of inevitability.

Article 32 (Prohibition of Stopping and Parking Motor Vehicles)