beta
(영문) 대전지방법원 2018.09.05 2016가단11735

손해배상(자)

Text

1. The part concerning the claim for payment of money equivalent to 37,400 won shall be dismissed among the lawsuits filed by the plaintiff A.

2. The defendant is the plaintiff.

Reasons

1. Basic facts

A. At around 18:30 on May 4, 2013, the Defendant: (a) driven a bicycle and driven a bicycle on the ground; and (b) was driving in the direction of X-Spo Science Park in the direction of the Doan City, from the direction of the Doan new city, the Defendant: (c) driven the Plaintiff’s entrance drinking part of the Plaintiff A, who stopped the left side of a bridge while riding the bicycle on the ground after going beyond the center of the said road; and (d) was driving in the direction of the X-Spo Science Park.

(hereinafter “instant accident”). B.

Plaintiff

A due to the accident in this case, A suffered injuries, such as an antipath and antipath of the upper left, an antipath of the upper right, an antipath of the upper right, an antipath of the upper right, and an antipath of the antipath of the antipath, and an unknown copath of the part.

[Ground of recognition] Facts without dispute, Gap evidence 4 through 6, Gap evidence 7-1, 2, Gap evidence 8-1, 2, 9-9, Gap evidence 18-2, 6, 8, 9, 10, 12, 13, and Gap evidence 23-1 through 3, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to Article 13(3) of the Road Traffic Act, drivers of motor vehicles and riders of horses shall pass along the center (if a central line is marked, referring to the center line) of the road.

In addition, a person who drives a bicycle has a duty of care to prevent accidents by accurately operating the steering gear and brakes while driving the bicycle.

Nevertheless, the defendant, without properly operating the steering gear and steering gear, proceeds over the center of the bicycle-only road, and shocks the part of the plaintiff Gap's entrance skill who was equipped with the bicycle in the front line with the part of the bicycle hand, causing the accident of this case. Thus, the defendant is liable for the damages suffered by the plaintiffs due to the accident of this case.

B. Limit of liability, however, the following circumstances acknowledged by comprehensively taking account of the aforementioned evidence and the purport of the entire pleadings, namely, the instant accident.