1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On March 13, 2015, around 16:00, the Plaintiff was in charge of the access control of the high-rise cancer construction, which is proceeding at the entrance of the Gabro wall located in the Gaba-si C.

B. At the time of the above construction, the Defendant sought to enter the above construction site by riding a bicycle, and there was a dispute with the Plaintiff that prevented it (hereinafter “instant accident”).

C. In the process of the aforementioned dispute, the Defendant was prosecuted for committing a crime that inflicted an injury on the Plaintiff due to a harmful act, such as smuggling with a bicycle, and sentenced to a fine of two million won from the Changwon District Court’s rendered a judgment (2015No2707). However, the Defendant appealed (Seoul District Court 2016No2707) and was acquitted. The aforementioned judgment of innocence was dismissed and finalized by the Supreme Court (Supreme Court Decision 2016Do16793).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 13 (including branch numbers in case of provisional number; hereinafter the same shall apply), Eul evidence 1 to 5, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff had the plaintiff go beyond the plaintiff by shocking the plaintiff as the defendant's bicycle on the ground that the plaintiff's access was controlled at the time of the accident of this case, and caused the plaintiff's injury requiring medical treatment for 25 days. Thus, the defendant should compensate the plaintiff for damages equivalent to the total of KRW 17,507,430,00 in total of KRW 10,722,840, medical expenses, KRW 3784,590, KRW 3,000, KRW 3,500.

B. The defendant's assertion that the plaintiff and the defendant did not injure the plaintiff as a bicycle while being in motion with the plaintiff, and even in light of the part or form of the plaintiff's injury, this is not caused by the accident of this case, but merely caused the plaintiff's injury to the plaintiff's work as if the plaintiff suffered an injury from the defendant. The plaintiff's claim is without merit.

3. As to whether entry control between the Plaintiff and the Defendant was made at the time of the instant accident.