보험금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
The court's explanation of this case by the court of the first instance as to this case is identical to the reasoning of the first instance judgment, except for adding the following judgments as to the matters alleged by the plaintiff at the trial, in the part of "3. Judgment on the expiration of extinctive prescription (family judgment)" (hereinafter referred to as "the judgment"), and therefore, citing this case as it is in accordance
2. Judgment on the plaintiff's assertion
A. The Plaintiff asserted that, as the Plaintiff, who is not a medical expert, did not know that the death of the deceased was due to medical negligence before receiving the decision of the Consumer Dispute Mediation Commission, the extinctive prescription of the disaster insurance amount related to the instant medical accident is run from the time when the Plaintiff received the decision of the Consumer Dispute Mediation Commission.
B. 1) On the other hand, Article 662 of the Commercial Act provides that the right to claim the amount of insurance proceeds shall expire if it is not exercised for two years, and there is no provision regarding the starting point of the statute of limitations of the right to claim the amount of insurance proceeds. Thus, Article 166(1) of the Civil Act provides that "the statute of limitations shall run from the time when the right to claim the amount of insurance proceeds can be exercised." The right to claim the amount of insurance proceeds is merely an abstract right before the occurrence of the insurance accident, but it is possible to exercise the right from the time when the insurance accident becomes specific right due to the occurrence of the insurance accident. Thus, barring any special circumstance, it is reasonable to interpret that the statute of limitations of the right to claim the amount of insurance proceeds from the time when the insurance accident occurred (see, e.g., Supreme Court Decisions 97Da5422, May 22, 199; 203Da573580, Dec. 24, 2004>