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(영문) 의정부지방법원 2017.10.17 2017가단102846
채무부존재확인
Text

1. At around 01:00 on June 26, 2016, bicycles are installed on the Han River lane in the Dongjak-gu Seoul Metropolitan City, Yongsan-gu, Seoul.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. According to the overall purport of the film and pleading evidence No. 27, the defendant, around 01:00 on June 26, 2016, is driving along the bicycle lane for the Han River Park in the Han River Park in Yongsan-gu, Yongsan-gu, Seoul. However, at the time, the plaintiff's cleaning vehicle was being driven in the Han River. However, the plaintiff's overtaking the bicycle before the cleaning vehicle at the time. However, the defendant was found to have taken the bicycle toward the left side, and the defendant got the bicycle as it is (hereinafter "the accident").

2. Summary of the parties' arguments;

A. The Plaintiff’s assertion that the accident of this case occurred concurrently with the Defendant’s negligence. Since cleaning vehicles on the Plaintiff’s side do not have any relation to driving bicycle roads, the Plaintiff sought confirmation against the Defendant that there was no liability for damages arising from the accident of this case.

B. The Defendant’s vehicle cleaning on the Plaintiff’s argument did not have any device to prevent the fall of the cargo without any brash or work, and illegally passed the bicycle road without any device to prevent the fall of the cargo.

Due to such cleaning vehicles of the Plaintiff, the Defendant could not secure the view of the front side, and was driving the Plaintiff’s vehicle. However, the instant accident occurred due to the Plaintiff’s Party B’s U-turn.

The Defendant incurred damages of KRW 15,50,000 for the bicycle repair cost of KRW 8.5 million for the Defendant’s bicycle repair cost of KRW 8.5 million for the Defendant’s bicycle repair cost of KRW 2.5 million for the Defendant’s medical treatment cost of KRW 2.5 million for the Defendant’s bicycle rental fee of KRW 12,061,00 for the Defendant’s bicycle rental fee (=39,000 per day x 309 days), and KRW 3 million for the future medical treatment cost.

Therefore, the Plaintiff is obligated to pay the Defendant damages of KRW 43 million (total amount of KRW 33,061,000 for property damages and KRW 10 million) and damages for delay.

3. The Plaintiff’s negligence regarding the instant accident.

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