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(영문) 서울남부지방법원 2019.01.11 2018나53182

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Occurrence of liability for damages;

A. On June 5, 2016, the Defendant: (a) driven a bicycle on or around 13:10 on June 5, 2016; (b) proceeded on the bicycle lane of Han River Park, the Han River Park, the area near Sungsan-ro 31-ro 32, Yeongdeungpo-gu, Seoul (hereinafter “instant bicycle lane”); (c) was on the face of the Han River; (d) did not indicate any signal for changing the course of the instant bicycle; and (d) was driven by the Plaintiff following the Defendant pursuant to the instant self-building road without indicating any signal for changing the course; and (e) was inflicted injury on the Plaintiff, such as the backheading of the road.

(hereinafter referred to as the "accident of this case"). 【No dispute exists, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 4 through 7, and 10, and the purport of the whole pleadings.

B. (1) The recognition of liability (1) Article 18 (1) of the Road Traffic Act provides that "the driver of any motor vehicle or horse shall not cross or walk the road while driving the motor vehicle or horse in a case where it is likely to impede the normal traffic of other motor vehicles or horse," and Article 19 (2) of the Road Traffic Act provides that "the driver of any motor vehicle or horse shall not change its course when it is likely to impede the normal traffic of other motor vehicles running in the direction to which he/she intends to change course when he/she intends to change his/her route," and Article 38 (1) of the Road Traffic Act provides that "the driver of any motor vehicle or horse shall, when intending to change course while driving the motor vehicle in the same direction, use his/her hand, direction indicator or light until the act is completed." In light of the fact that a bicycle falls under "motor vehicle or horse" under the Road Traffic Act, the driver of any bicycle running a bicycle along a bicycle lane shall not cross the road or when it is