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(영문) 서울북부지방법원 2020.12.11 2019가단9894

채무일부존재확인

Text

1. As to the traffic accident stated in the attached list, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts are found either in dispute between the parties or in combination with the overall purport of the pleadings at Gap evidence 3, Eul evidence 4, 11, and 13 and Eul evidence 12:

A. On June 8, 2019, at around 15:10, the Plaintiff: (a) on board a bicycle and proceeded along the intersection C in front of the Seoul Southern-gu Seoul Southern-gu along a one-lane radius from the private road protection area of the residents' center in the front of the air-conditioning-dong, the Plaintiff got off the crosswalk at the front of the immediately preceding crosswalk to the above intersection and went to a non-protective left-hand turn; and (b) on the left-hand turn of the Defendant’s driver, who was on the right-hand left-hand part of the vehicles, sent directly pursuant to the new code due to the difference between the right-hand gap of the vehicles fixed

(hereinafter “instant accident”). B.

The defendant suffered from the left salt salking of the front side of the instant accident.

2. Occurrence of liability for damages;

A. Where the Plaintiff wishes to turn to the left at the intersection by driving a bicycle, he/she shall turn to the left at the right edge of the road in advance, and make a left turn by using the edge of the intersection while driving the bicycle at the right edge of the road, and make a left turn to the left so that it does not interfere with the vehicle driving under the new subparagraph in the front side and right side, while driving the bicycle at the right edge of the road, he/she shall turn to the left at the crosswalk and make a left turn, and

Therefore, the Plaintiff is responsible for compensating the Defendant for damages in proximate causal relation to the instant accident.

B. Limit of liability, however, the place where the accident in this case occurred is the crosswalk adjacent to the intersection where the one-lane road is leading, and the vehicle was parked in the direction of the defendant's driving, and in our traffic reality, there was a room for pedestrians, erroneous soil, bicycles, etc. to cross the crosswalk as above.

In mind of the above possibility, the driver could not drive safely while putting the front door into mind.