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(영문) 창원지방법원 2019.06.20 2018나60189
채무부존재확인
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The appeal cost is borne by the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. The reasoning for this part of the lower court’s reasoning is the same as that of the pertinent part of the reasoning of the first instance judgment (hereinafter “1. Basic Facts”). Therefore, this part of the reasoning is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. The plaintiff's assertion 1) The plaintiff's assertion that the accident of this case occurred due to the negligence of the deceased. 2) The plaintiff is not liable to compensate the plaintiff as the driver of the vehicle's vehicle asserted by the defendants. 2) The plaintiff appears to have observed the deceased's bicycle before the accident occurred because it is easy to secure the view of the site of this case, and 2) the plaintiff's bicycle was neglected to be green at the time of the bypassing a bypassing a bypassing a bypassing a bypassing a bypassing a bypassing a bypassing a bypassing a bypassing the road. The accident of this case is negligent in neglecting the traffic without permission due to a lot of illegal parking vehicles, etc., and even if the duty to stop at a bypassing a bypassing a bypassing a bypassing the road before the accident, and 3) the plaintiff violated the criteria for changing the course by immediately entering the right side of the road before the accident without entering the bypassing a bypassing, and thus, the plaintiff is liable to compensate the plaintiff for damages and damages.

B. 1) Determination 1) If the cause of the instant accident is likely to interfere with the normal passage of other vehicles, a bicycle rider who drives along the road shall not cross the road by driving a bicycle (Article 18(1) of the Road Traffic Act, and the Deceased shall not cross the road by breaking the central line, while driving a bicycle.

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