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(영문) 서울서부지방법원 2015.09.17 2015나2205

손해배상(자)

Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. The following facts may be found either in dispute between the parties or in full view of the purport of the pleading at Gap evidence Nos. 1 to 8, Eul evidence Nos. 1, 2, and 8 (including paper numbers) and images.

Around 08:00 on July 27, 2014, the Defendant driven a bicycle and proceeded along the bicycle lane near the Namnam-dong, Yongsan-gu Seoul Metropolitan Government toward the opposite side of the distribution bridge, and did not properly look at the front side and the left side of the Plaintiff’s bicycle front part of the Defendant’s bicycle front part, which led the Plaintiff to go beyond the bottom, and caused the Plaintiff’s injury, such as the right sprinking, the open upper part of the sprink, the opening part of the sprink, and the brain sprink, etc., for two weeks, in the course of overtaking the Plaintiff’s bicycle.

(2) The Defendant asserted that the Plaintiff’s injury was not the injury caused by the instant accident, or that part of the medical expenses and medicine expenses incurred by the Plaintiff was paid to cure the Plaintiff’s disease or injury, not the injury caused by the instant accident. However, the Defendant stated that the Plaintiff’s emergency department C of the Hanyang University Hospital’s Emergency Department C of the Emergency Department of Hanyang University on the day of the accident that the Plaintiff’s drafting was teared, and written together with the picture as to the tear of the above intent without wearing the protective equipment such as health boar, and that the Plaintiff’s drafting cannot be ruled out, in light of the fact that the Plaintiff’s drafting was shocked to the gate, without wearing the protective equipment such as health boar, etc., as seen thereafter, the Defendant’s assertion cannot be accepted since the evidence submitted by the Defendant alone is insufficient to find the above facts.

The plaintiff is responsible for medical treatment for the treatment of the above injury.