1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

1. Occurrence of liability for damages;

가. 인정사실 피고는 2010. 10. 24. 16:10경 49cc 효성랠리 오토바이를 운전하여, 전북 진안군 마령면 마령사거리에서 월운리 방향으로 약 1km 떨어진 곳에 있는 편도 1차로를, 마령사거리 방면에서 월운리 방면으로 시속 약 30km 로 진행하였는데, 당시 전방에는 원고가 운전하는 자전거가 같은 방향으로 진행하고 있었다.

The defendant attempted to overtake over the median line using the opposite lane, and the plaintiff's bicycle back part of the plaintiff's bicycle driving on the left-hand side of the proceeding direction beyond the median line in order to put a bicycle on the concrete block on the left-hand side of the proceeding direction.

As a result, the plaintiff suffered injuries, such as the upper left-hand booms and the upper bridges of the road floor.

(hereinafter referred to as the "accident of this case"). 【No dispute exists, Gap's 1 to 3 evidence, Eul's 1 to 10 evidence (including each number), and the purport of the whole pleadings.

B. (1) According to the above facts of recognition, since the plaintiff was a bicycle driven on the front side at the time of the accident in this case, the defendant neglected his duty to safely operate the bicycle by checking it well, despite the fact that the defendant neglected to do so and caused the plaintiff's fault going beyond the center line, and caused the plaintiff's injury by shocking the plaintiff's bicycle, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the accident in this case.

(2) On the other hand, as to the accident circumstances of this case, the plaintiff asserts that "the plaintiff has already stopped a bicycle at the edge of the opposite lane beyond the center line at the time when the plaintiff's bicycle was shocked by the defendant," and therefore, we look at this point.

Gap evidence 1, 2, Eul evidence 1 to 4, Eul evidence 9 and 10 (including each number).