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(영문) 서울중앙지방법원 2021.01.14 2020가단5206703
구상금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, as an industrial accident compensation insurer, is the Party B (hereinafter referred to as “the Deceased”) due to a traffic accident that occurred on September 17, 2018.

In the instant case of death (hereinafter referred to as the “instant accident”).

In this regard, insurance benefits under the Industrial Accident Compensation Insurance Act (hereinafter referred to as "Industrial Accident Compensation Insurance Act") were paid.

Defendant Gangwon-do is the manager of the road in which the instant accident occurred, and Defendant A Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd”) is an insurer who has concluded a liability insurance with Defendant Gangwon-do.

B. On September 17, 2018, the Deceased of the instant accident discovered that, in order to work at the place of business located in Gangseo-gun, Gangwon-gun, a car, the body of an animal was set up in the front bank while operating a local highway No. 456, in the front bank, around 04:48, in order to use the car at the place of business located in Gangseo-gun, Gangseo-gun, Gangwon-gun, the city rental house No. 14-305, which was located in the front bank, and died at around 14:16 on the same day.

(c)

As insurance benefits under the Industrial Accident Compensation Act, the Plaintiff paid 11,612,090 won for medical care benefits, 14,286,960 won for funeral, 154,775,439 won for bereaved family’s compensation, and 180,674,480 won for total.

[Reasons for Recognition] Each entry (including branch numbers) in Gap evidence Nos. 1 through 8, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Since the roads of the Gangwon-do Rental House, which caused the cause of the claim, are places where traffic accidents occur due to the congestion of the waste, such as Goraman, etc., from time to time, Gangwon-do, as road managers, did not sufficiently take preventive measures such as the installation of sufficient warning signs, checking real-time road conditions through ctv and direct patrols, and the operation of a smooth report receipt system.

The accident of this case occurred due to the defect in the management of the road of Gangwon-do, which is the management authority of the local highway No. 456.

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