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(영문) 수원지방법원 성남지원 2017.02.07 2015가단222196

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 450,00,000, and KRW 5% per annum from September 14, 2015 to November 16, 2016, and complete payment from the next day.

Reasons

1. Occurrence of liability for damages;

A. (1) On September 14, 2015, the Plaintiff, on board a bicycle bicycle around 07:20 on September 14, 2015, had a bicycle lane front of the lock-gu Seoul Metropolitan City Han River Citizens Park 65 (locked-dong), as a locking-out area from the Cheongdocung River.

피고는 원고 진행 방향 반대편에서 전기장치가 장착된 자전거를 타고 가다가, 갑자기 자전거도로로 진입하는 보행자를 보고 충돌을 피하기 위하여 좌측으로 급격히 자전거 핸들을 꺽어, 자신의 자전거 핸들 우측 부분으로 원고 자전거 핸들 우측 부분을 충격하였다.

Due to its shock, the plaintiff was in excess of the road and caused the thalthms of 4,5,6 marbling, damage to water, etc. to the stalthms.

(2) The Defendant deposited KRW 10,000,000 with the agreed amount to the Plaintiff in criminal proceedings due to the instant accident, and the Defendant paid KRW 39,00,000 to the Plaintiff’s insurance company’s medical expenses and care expenses.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1, Gap's evidence 7, Eul's evidence 1 (including Serial number; hereinafter the same shall apply) and the purport of whole pleadings

B. According to the facts of recognition of liability and the above-mentioned recognition, the Defendant caused the instant accident by negligence due to negligence in Jeonju-si, and thus, the Defendant is liable to compensate for the damages suffered by the Plaintiff.

However, inasmuch as the road construction has been performed at the location of an accident and the indication of the lane has not been clearly clear, it is negligent in neglecting the responsibility of the Defendant, taking into account the fact that the Plaintiff’s injury caused by the accident in this case is more severe than ordinary predictability, etc., the Defendant’s responsibility is limited to 90%.

2. Except as otherwise stated below within the scope of liability for damages, each corresponding item of the attached Table of Calculation of Compensation Amount.

The period for the convenience of calculation shall be calculated on a monthly basis.