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(영문) 대구지방법원 2020.06.10 2019나300536
손해배상(기)
Text

1. The judgment of the first instance, including the Plaintiff’s claim expanded and reduced by this court, shall be modified as follows.

Reasons

1. The grounds for this part of the judgment of the court are stated in the reasoning of the judgment of the court of first instance.

(Article 402 of the Civil Procedure Act). 2. The party's assertion

A. The Plaintiff’s assertion that the instant accident occurred because the Plaintiff’s bicycle collisions with the instant seerad, which is an unnecessary construction of the instant bicycle lane, and the Plaintiff went beyond the center, and was caused by the Defendant’s defect in the management of the instant bicycle lane.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of damages incurred by the Plaintiff, namely, KRW 154,538,408 (i.e., the total amount of lost income of KRW 386,346,021 x 40%) 513,328 expenses for the treatment of the Plaintiff (i.e., total amount of KRW 1,283,320 x the Defendant’s responsibility x 40%) 15,00,000 for consolation money, KRW 170,051,736, and delay damages therefrom.

B. There is no evidence to deem that the Plaintiff’s bicycle’s assertion by the Defendant was in conflict with the instant Borad, and that the Plaintiff suffered bodily injury, such as the Modern fever.

Even if the Plaintiff’s bicycle collision with the instant seed, the instant accident was entirely caused by the Plaintiff’s negligence in driving the bicycle, not caused by the Defendant’s defect in the construction and management of the instant bicycle lane.

3. The reasoning of the judgment of the court of first instance is the same as that of paragraph (3), except for the part that is added as follows:

(Article 402 of the Civil Procedure Act) No. 5 of the first instance judgment No. 402, No. 9 of the part added to theO, “n.e., 12:20 of the following day of the instant accident, the Plaintiff added “n.e., a workplace club and Kakao Akaoo A., on which the Plaintiff boarded a bicycle at the same time at 12:20 of the following day of the instant accident, and sent a message to the workplace guard to the effect that the accident occurred during his/her home, and that he/she met the person (No.

4. The period of time for calculating the scope of liability for damages shall be monthly.

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