A. On August 30, 2006, the Defendant concluded an insurance contract with the Plaintiff listed in attached Form 2 (hereinafter “instant insurance contract”).

B. On April 19, 2012, the Defendant was diagnosed as “Apryptive Organisms of Aprypty” by “C Hospital” located in B of Gangseo-gu Seoul, and was subject to Apypryp’s syprypical syprypary and central syprypary syprypary sypical sypical sypum

C. On May 20, 2014, the Defendant claimed total of KRW 51,247,750 for medical expenses incurred from the diagnosis and surgery (hereinafter “instant insurance accident”).

2. Determination as to the cause of action

A. Since the defendant's claim for the above insurance money has expired by prescription, there is no obligation of the plaintiff to pay the above insurance money to the defendant.

B. According to Article 662 of the former Commercial Act (wholly amended by Act No. 12397, Mar. 11, 2014), the extinctive prescription is complete unless it is exercised for two years, and the right to claim insurance premium or the right to claim payment from an insured person is terminated unless it is exercised for one year. The fact that the Defendant claims insurance money from the instant insurance accident to the Plaintiff on May 20, 2014, which was two years after the date of the instant insurance accident, around May 20, 2014 is recognized as above. Thus, the Defendant’s right to claim insurance payment due to the instant insurance accident has already expired before the date of the claim.

Therefore, the Plaintiff does not bear the obligation to pay insurance money based on the instant insurance contract with the Defendant regarding the instant insurance accident. As long as the Defendant claims the payment of the insurance money to the Plaintiff, there is a benefit to seek confirmation of the non-existence thereof.

3. Judgment on the defendant's defense

A. At the time of entering into the instant insurance contract, the Defendant asked D, an insurance solicitor, at the time of entering into the instant insurance contract, whether he/she is entitled to claim insurance proceeds from the instant insurance accident, and D, the Defendant, at the time of the instant insurance contract, was treated by