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(영문) 의정부지방법원 고양지원 2018.02.07 2015가단91280
채무부존재확인
Text

1. The part demanding the payment of 2,941,578 won shall be dismissed among the counterclaims by the Defendant (Counterclaim Plaintiff).

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 20, 2014, at around 19:40, the Plaintiff, along the bicycle, proceeded with one-lane of the damage inflicted on the unlawfully parked vehicle while driving the road front of the 120-lane, Seoyang-gu, Seoyang-gu, Busan Metropolitan City (hereinafter “instant road”) from the port side to the side of the two-lane left side of the center line.

B. However, the Defendant, who driven a Madalba while driving the Madalba and driving the Madalba and driving the upper right side of the center line on the boundary of the mountain-dong large intersection, was in excess of a luxa in order to avoid a collision with the said bicycle, and thereby, suffered injury, such as the mouth of the bones of the madalll, No. 3 times which requires treatment for about six weeks.

(hereinafter the above accident is referred to as the "accident of this case"). 【No dispute exists, Gap evidence 1, 3, and 6 (the evidence Nos. 6 is referred to as the evidence Nos. 14-19), Eul evidence Nos. 1 and 2 (the evidence No. 6 is referred to as the evidence No. 14-19), Eul evidence Nos. 1 and 2, the result of the on-site inspection by this court, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to Articles 13(3) and 13-2(2) of the Road Traffic Act, drivers of vehicles and riders of horses shall pass along the center (if the center line is installed, referring to the center line) of the road, and bicycle riders shall pass along the right side of the road at a place where no bicycle lane is installed, and according to the above facts of recognition, the Plaintiff is liable to compensate for damages suffered by the Defendant due to the instant accident, since the Plaintiff passed the center line on the left side of the center line in violation of the method of passage of bicycles under the Road Traffic Act.

B. Limitation of liability: (a) the following circumstances acknowledged by comprehensively taking account of the aforementioned evidence and the purport of the entire pleadings, i.e., the Plaintiff.

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