1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On August 30, 2016, around 16:30 on August 30, 2016, the Plaintiff sawd with the Defendant who was proceeding in the same direction while driving a bicycle on the road near the Seossongdong-gu Busan Metropolitan City ecological park, yacht boat.

(hereinafter “instant accident”). (b)

On August 31, 2016, the Plaintiff was diagnosed by C Hospital as having been in need of stability within two weeks from the date of the award due to multi-maltyl inception, and on September 22, 2016, the Plaintiff was diagnosed as having been in need of medical treatment for about two weeks from the date of the diagnosis due to other impairment of the character of the bridge, etc.

C. On August 30, 2016 and October 8, 2016 of the same year, the Defendant received treatment from the D Hospital as an catum base, and on October 11, 2019, the Defendant received a diagnosis that the said hospital needs a stable medical treatment for two weeks from the date of the water surface on the catum base.

With respect to the instant accident, the Plaintiff filed a complaint against the Defendant for murder, attempted murder, perjury, and violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury). The written decision of non-prosecution on the instant case states that “The Plaintiff, while driving a bicycle next to the Plaintiff, went beyond the direction of the Plaintiff, was in an accident attributable to the back wheels of the Plaintiff (bicycle) and the front wheels of the Defendant (bicycle).”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 through 5, 12, 13, Eul evidence Nos. 1, 2 and 5, the purport of the whole pleadings

2. The plaintiff asserts that since the plaintiff suffered physical or mental pain due to the accident of this case, the defendant should pay consolation money of KRW 20,000,000 to the plaintiff.

In the liability for damages caused by a tort, the burden of proving the existence of a harmful act by intention or negligence and the causal relationship between the act and the occurrence of the damage lies in the person who asserts it (see, e.g., Supreme Court Decision 2009Da92272, Mar. 25, 2010). In examining all the submitted evidence, the Plaintiff and the Defendant contributed mainly to the occurrence of the accident in question.