1. On July 8, 2018, around 17:55, 2018, the Plaintiff shocked the Defendant on the 608 Ansan-dong 608 Amyang-dong bicycle lanes.

1. Basic facts

A. On July 8, 2018, around 17:55, the Plaintiff was faced with the Defendant who towed and walked a bicycle in the opposite direction while riding and driving a bicycle on the 608 Ansan-dong bicycle lane at the time of light (hereinafter “instant accident”).

B. Upon the occurrence of the instant accident, the Defendant was escorted to C Hospital in the 119 Fire Brigade’s first-aid service, and received a diagnosis of the injury, such as the two strokes, the thale, the thale, and the thale, the thale scephical scephe, etc. (hereinafter “the instant injury”).

[Ground of recognition] Facts without dispute, entry of evidence Nos. 7 through 11 and 16, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that the place of the instant accident is a bicycle-only two-lane from which the center line is installed, and the Plaintiff was driving a bicycle in accordance with the direction of driving at the instant accident site, and the Defendant was driving the bicycle on the bicycle lane while walking along the bicycle. Thus, the Plaintiff’s fault ratio for the occurrence of the instant accident is within 20%.

The Defendant’s medical expenses incurred by the instant accident are KRW 1,136,720, and the Defendant cannot be recognized as lost income from the instant accident at 79 years of age at the time of the instant accident, and the injury suffered by the Defendant due to the instant accident seems to be insignificant, and thus, there seems to be no special residual disability.

Therefore, the Plaintiff’s damage liability against the Defendant due to the instant accident does not exceed the scope of KRW 727,344.

3. Determination

A. In a lawsuit seeking confirmation of the existence of a pecuniary obligation that incurred damages, if the plaintiff, who is the debtor, claims the first time to deny the fact of the occurrence of the obligation by specifying the claim, the defendant, the creditor, bears the responsibility to assert and prove the facts of the legal relationship (see Supreme Court Decision 97Da45259, Mar. 13, 1998).