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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded a comprehensive two-wheeled automobile insurance contract between D et al. (hereinafter “the instant vehicle”) with respect to a motor vehicle and FOba (hereinafter “the instant vehicle”) with respect to an insurance company that entered into an insurance contract for two-wheeled automobile with the insured as G (H). Defendant B Co., Ltd. (hereinafter “Defendant Company”) is an insurance company that entered into the construction period from November 2018 to December 2024, within the jurisdiction of Ansan-si (hereinafter “the instant construction company”).
B. While performing the instant construction, the Defendant Company set up a PE forum between the first and the second lanes for the purpose of preventing the passage of the two-lanes from the beginning point of the construction to the point where the said construction is completed, from the starting point of the construction to the point where the said construction is completed, in the national highways No. 5 national highways (section 2) at the Andong-si, Ansan-si (hereinafter “instant accident construction sections”).
C. At around 14:15 on March 22, 2019, G: (a) driving the instant OE Forum and driving the instant two-lanes; (b) passing through the PE Forum at the point where the construction section ends; and (c) entered the same one-lane. On the other hand, C was driving the instant OE Forum with a speed exceeding 40 km per hour at a speed exceeding 40 km; (b) the instant OE, which was driven by C, did not find a place where the instant OE tape, which was driven by C, did not enter the instant OE Forum, and did not match the back part of the said OE with the right-hand part.
이 사건 오토바이는 위 충격으로 인하여 전방으로 튕겨져 날아갔고 그로 인하여 G은 당일 사망하였다
(hereinafter “instant accident”). D.
On June 24, 2019, the Plaintiff paid KRW 45,216,470 as the personal injury agreement amount for the death of the deceased (hereinafter referred to as “the deceased”) to K, who is the insurer of the vehicle with Teasa, who is the bereaved family of G (hereinafter referred to as “the deceased”), and as the insurer of the instant Oasa, the deceased person’s death insurance amount.