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(영문) 의정부지방법원고양지원 2020.11.12 2020가단72771
손해배상(기)
Text

1. The Defendant’s KRW 38,745,252 as well as the Plaintiff’s annual rate of KRW 5% from October 1, 2019 to November 12, 2020.

Reasons

1. Facts of recognition;

A. On September 30, 2014, around 23:40 on September 30, 2014, the Plaintiff operated a one-way road in the Trashho Park-dong, which is located in the Dong-dong-dong, as a bicycle, from C to scambing. The Defendant (at that time, 14 years old and 6 months old) operated as a opposite direction to the direction of the Plaintiff’s driving.

B. At the time, the part on a bicycle road operated by the Plaintiff and the Defendant (hereinafter “other parts”) without any marking on the bicycle road (hereinafter “the bicycle road part”) was divided into a white solid line, and the bicycle road part was marked “on the one-way passage” only in the direction of the Plaintiff driving.

C. While the Defendant was driving a bicycle with other parts other than the bicycle road, it conflicts with the Plaintiff’s bicycle riding in the opposite direction.

(hereinafter referred to as "the accident of this case") d.

The Plaintiff suffered injury, such as damage to the left-hand meral gun due to the instant accident.

E. The Plaintiff filed a lawsuit against the Defendant’s parents to claim compensation for damages (JJ 2015da71828). In the instant case, as a result of physical entrustment to the director of the D Hospital, the Plaintiff’s loss of labor capacity was limited to 22% until September 30, 2019, which was five years after the date of the instant accident. At the time, the appraisal is necessary to conduct re-appraisals after five years.

F. The plaintiff is above E.

Part of the lawsuit was won in the case, and the judgment became final and conclusive after the plaintiff's claim was partially accepted in the appellate court of the case.

(The grounds for recognition) The relevant judgment, including the judgment in the above paragraph (e) and this judgment, of the District Court Decision 2018Na200649 Decided September 14, 2018, and the judgment in the above paragraph (e) (hereinafter referred to as the "related judgment"). [Grounds for recognition] The non-contentious facts, the descriptions in subparagraphs A through 6 and the purport of the whole pleadings.

2. Occurrence of liability for damages;

A. According to the fact that the liability for damages was established, the road, which is the place of the instant accident, is bicycle.

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