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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.
Reasons
1. The facts subsequent to the facts of recognition are either in dispute between the parties or in full view of the purport of Gap evidence 1, 2, and Eul evidence 2 or all of the visual and oral arguments.
On January 25, 2016, around 20:20:24, at the intersection point of a road and alley located in the F Licensed Real Estate Agent in Seo-gu Daejeon, a traffic accident in which the Defendant driving a crosswalk to port from the right side of the said car (hereinafter referred to as “Defendant bicycle”) and the bicycle driving by the Defendant driving a crosswalk to port from the right side of the said car (hereinafter referred to as “instant traffic accident”).
B. Accordingly, the Plaintiff’s vehicle was destroyed to the extent that the repair cost of KRW 198,00 was necessary.
2. Occurrence of liability for damages;
A. Although the defendant's negligence, the bicycle rider, and the bicycle rider should pass along the right side of the road at a place where no bicycle lane is installed, the defendant driven a bicycle on a sidewalk which is a pedestrian passage (Article 13-2 (2) of the Road Traffic Act). When the bicycle rider uses the crosswalk, he gets off the bicycle and walk the bicycle while driving the crosswalk (Article 13-2 (6) of the Road Traffic Act). The defendant, who is trying to enter the intersection as a bicycle driver, is negligent in neglecting this, even though he gets off the bicycle and walk the bicycle (Article 13-2 (6) of the Road Traffic Act).
Since the fact that the instant traffic accident was caused by the Defendant’s negligence is recognized, the Defendant is liable to compensate for the damages suffered by the Plaintiff, barring any special circumstance.
B. However, according to Article 25 of the Road Traffic Act, a vehicle entering an intersection and bypassing the intersection shall be careful to pedestrians or bicycles, and where necessary another vehicle.