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(영문) 서울중앙지방법원 2015.11.26 2015나49605
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: (a) adding Gap evidence Nos. 22 and 25 to insufficient evidence; and (b) citing the reasoning of the judgment of the court of first instance as stated in the main sentence of Article 420 of the Civil Procedure Act; and (c) citing this as it is in accordance with the main sentence of Article

2. A bicycle rider of an additional part shall pass along the bicycle lane at a place where a separate bicycle lane exists (Article 13-2(1) of the Road Traffic Act). Since a separate bicycle lane is installed at the site of this case, the defendant is only obligated to manage the site of this case provided for the passage of motor vehicles to satisfy the safety ordinarily required for the passage of motor vehicles, and even if the site of this case fails to meet the safety required for the passage of bicycles for the use of roads, it cannot be deemed that the management defect is recognized to the defendant.

3. In conclusion, the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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