Attached Form

In relation to the accident described in the list, there is no obligation of the plaintiff to pay damages to the defendant.

1. Summary of the parties' arguments

A. On August 9, 2018, the Plaintiff asserted that: (a) around 18:00, while driving along the bicycle lane in front of C in front of C (hereinafter “the instant accident”); (b) the instant accident was not a person with a disability passage in the direction of the Plaintiff driving on the road due to an accident that occurred on the bicycle lane; and (c) the instant accident was a structure that finds the Defendant, who was protruding from the passage of the disabled, and cannot avoid an accident, even if the Plaintiff fulfilled the general duty of care, is in contact with the passage of the disabled and the bicycle lane.

Therefore, the instant accident is caused by the Defendant’s unilateral negligence and the Defendant demanded compensation for damages even though the Plaintiff is not responsible for the occurrence of the accident. Therefore, the Plaintiff’s liability to pay damages to the Defendant in relation to the instant accident is not nonexistent.

B. The plaintiff alleged by the defendant has a duty to temporarily stop the bicycle with a safe distance when the defendant is crossing the road.

On the right side of the direction where the plaintiff was running a bicycle, there was a sign informing that there is a passage for the disabled, it is anticipated that pedestrians can appear in the passage for the disabled in light of social norms, and it can be anticipated that people who have difficulty in driving or fall short of the recognition ability of the passage for the disabled can walk. Therefore, the plaintiff has a duty of care to check the safety of the path by properly examining the right and the right and the right of the pedestrian's appearance rather than the expected place of the general pedestrian's appearance.

Nevertheless, the plaintiff is negligent in failing to perform his/her duty of care for pedestrians, since he/she proceeded without reducing speed and gets injured by shocking the defendant with a bicycle.

As a result, the defendant suffered brain sugar and made it impossible to use it properly.