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(영문) 인천지방법원부천지원 2015.11.04 2015가단110418
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) pays KRW 10,632,178 to the Defendant (Counterclaim Plaintiff).

2. Seocheon-si on September 23, 2014

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. On September 23, 2014, the Plaintiff was getting a bicycle on the road installed within the 15 lake-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, Seoul and caused the instant accident where the Defendant was discovered and her was frighted along with the bicycle, and the Defendant was faced with the face part of the road, and the Defendant was faced with the face part of the road.

[Ground of recognition] Facts without dispute, Gap evidence 1 (including paper numbers; hereinafter the same shall apply), Eul evidence, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts, since the accident of this case occurred due to negligence that the plaintiff neglected the duty of Jeonju, the plaintiff is obligated to compensate the defendant for the damage caused by the accident of this case.

B. However, considering the following circumstances acknowledged by comprehensively considering the descriptions of Gap evidence Nos. 1 and 3 and Eul evidence Nos. 2 and the purport of the entire pleadings, namely, the structure of the road where the accident occurred (a road less than 6 meters wide used by both bicycles and pedestrians, in which bicycle traffic part and pedestrian traffic part are divided into de facto lanes, but no separate facility for isolation and blocking two parts are installed), the form of the road (in the direction of the progress, there was an accident near the corner), the location of the defendant at the time of the accident, the location of the defendant at the time of the accident (the defendant was faced with the plaintiff while getting on and off the road), the situation of the road at the time of the accident (at the time of the accident, there were many persons responsible for the park and the bicycle), the time of the accident, etc., at the time of the accident, the defendant also has been negligent in exposing the risk of collision with his bicycle by stopping on the road through which the bicycle passes, and the occurrence and expansion of damages caused by this accident.

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