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(영문) 서울중앙지방법원 2018.04.05 2017가단5159104

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B, as the street cleaners employed from January 1, 200 to March 1, 2012, while serving as the street cleaners belonging to the Seoul Metropolitan Government Office, B was subject to a traffic accident caused by F to a taxi driven by F while cleaning work on the side of the exit-gu roadway 12 located in Seoul D around May 1, 2012 (hereinafter “instant traffic accident”).

(2) B obtained the Plaintiff’s medical treatment from the date of the instant traffic accident with the Plaintiff’s approval, and was hospitalized and treated as “the instant traffic accident from May 1, 2012 to January 23, 2014” due to the instant traffic accident.

3) B was set down at the G site around 14:00 on February 3, 2014, and around 16:0 on February 4, 2014, around 16:00, and was discovered after being used in the dry field located in Dongducheon-si G at approximately 2.07km on February 4, 2014 (hereinafter “B”).

4) The Defendant is an insurer with respect to the foregoing taxi driven by F.

B. On September 1, 2014, H, the deceased’s bereaved family member and the deceased’s spouse, applied for the payment of bereaved family benefits and funeral expenses to the Plaintiff on September 1, 2014. However, on September 16, 2014, the Plaintiff filed a request for the payment of bereaved family benefits and funeral expenses with H on the ground that “The instant traffic accident and the deceased’s death have no causal relationship, and the dementia cannot be a direct private person,” in full view of medical opinions, etc., on the ground that “The proximate causal relationship between the first approved branch of the deceased and the private person cannot be acknowledged” (hereinafter “instant refusal disposition”).

(2) On August 4, 2015, H filed a lawsuit against the Plaintiff seeking revocation of the instant rejection disposition by the Seoul Administrative Court 2015Guhap8534, and the said court rendered a judgment that there was a proximate causal relation between the deceased’s work and the death on October 27, 2016 and revoked the instant rejection disposition.

3 The Plaintiff appealed to the above judgment as Seoul High Court No. 2016Nu75656, but the above court.