beta
Text
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
Basic Facts
The reasons why this Court shall state this part are the same as that of “1. Basic Facts” in the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Judgment
A driver of a motor vehicle, etc. liable for a joint tort shall pay attention to a bicycle rider going in the same direction, and when he/she passes by it, he/she shall secure a necessary distance to avoid collision with the bicycle.
(Article 19(2) of the Road Traffic Act, comprehensively taking into account the following circumstances, which can be recognized by the purport of the entire pleadings on the entries or images of Gap 1, 2, and 6 (including those with serial numbers), the accident of this case shall be deemed to have occurred not only by the driver of the plaintiff's vehicle who caused the first collision, but also by the driver of the defendant's vehicle who neglected his duty to prevent the accident by taking due care of the movement of the bicycle of this case, or by maintaining an appropriate safety distance, since the negligence of the deceased, who was the bicycle driver of this case, was trying to unlawfully overtake the plaintiff's vehicle, and the movement of the deceased, was not properly verified.
The instant bicycle, while driving along the three lanes, was driven by about 80-100 meters from the point of accident to the point of accident, was driven by a yellow taxi with a two-lane or a two-lane divided from the two-lane, and the Plaintiff’s vehicle parked in the three-lane from the above yellow taxi.
The instant bicycle, in the course of overtaking the Plaintiff’s vehicle, has followed the two-lanes in one-lanes by temporarily taking the two-lanes or has gone beyond the two-lanes, and in such a way, the instant bicycle was in conflict with the left front of the Plaintiff’s vehicle running ahead of the Plaintiff’s vehicle running ahead of the two-lanes.
The Defendant’s bicycle of this case is above.