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(영문) 청주지방법원 2015.07.22 2014가단23089

손해배상(자)

Text

1. The Defendant shall jointly and severally with C to the Plaintiff KRW 30,322,946, and 5% per annum from October 1, 2010 to July 22, 2015.

Reasons

1. In fact, the defendant is the user of C, the owner of DCI 100 Obane.

At around 10:00 on September 30, 2010, C, after completing the Defendant’s direction for delivery of fishery products, was driving the above Oba, and C, at the bottom of the Sbari-gu Cheongju-si's bicycle-only dedicated road located in the Cheongju-gu's resignation, proceeded from the Cheongju-dong to the Habri-dong.

At the time, the place that C was proceeding was a bicycle-only road, and it was not a place that can be operated by the offland.

At the time, the plaintiff was getting a bicycle on the bicycle-only road, but the accident occurred where the part of the plaintiff's bicycle wheel with the rear wheels of the plaintiff's bicycle wheel.

As a result, the plaintiff suffered injuries, such as minculization of the right flusium and cage cage cages, which require treatment for about seven weeks, and the labor ability has been lost by 11% permanently.

[Ground of recognition] The absence of dispute, Gap evidence Nos. 1 through 3, 6, and 17 (including paper numbers), the response to physical commission to the Daejeon Alver University's Daejeon Hospital, the inquiry inquiry and reply to the Socuk Police Station, and the purport of the whole pleadings

2. Occurrence of and limitation on liability;

A. If the factual basis of liability lies above, C is liable to compensate the Plaintiff for damages incurred due to the occurrence of the above traffic accident, and the Defendant is liable to compensate the Plaintiff for the damages incurred due to the above traffic accident. Since C driving the Obane owned by the Defendant in relation to the Defendant’s business and committed the above tort, C is jointly and severally liable to compensate the Plaintiff as the owner of Obane and C’s employer

B. At the time of limitation of liability, the foregoing place is a bicycle-only road where the operation of Oral Ba has been prohibited, and it cannot be deemed that a bicycle driver has an obligation to anticipate the passage of Oral Ba as a bicycle driver.

However, in that the place where the accident occurred is near the crosswalk, the accident occurs if the plaintiff was carefully paid attention.