According to the reasoning of the judgment below and the evidence submitted, the plaintiff concluded the insurance contract in this case with the insurance period of 80 years for the non-party and the insured at the time of hospitalization and disability of the defendant's wife, and entered into the insurance contract in this case with the insurance period of 80 years. Article 11 (2) of the Clause of the Special Agreement on the Guarantee of Non-Distribution Disability Disability Guarantee provides that "if the degree of disability is not determined within 180 days from the date of the disaster, the degree of disability shall be determined based on the diagnosis of the intention on the date 180 days from the date of the disaster: Provided, That if the state of disability becomes worse during the period of guarantee, the disability shall be determined based on the aggravated condition of the disability." On October 3, 2002, the defendant was suffering from the traffic accident in this case. The plaintiff recognized the defendant's disability grade as Grade 5 on May 15, 2003 and claimed for the payment of the insurance money 25 million won on October 13, 2001.

In light of the provisions of the above terms and conditions, the extinctive prescription of the right to claim an additional payment should be deemed to run from the time when the insured event occurred and received insurance money calculated according to the condition of the disability at the time, and the original condition of the disability becomes worse.

Therefore, the court below should have deliberated and judged whether the present disability condition claimed by the defendant is worse due to the traffic accident of this case or whether the accident of this case is new one separate from the traffic accident of this case, and if the disability condition of this case has deteriorated due to the traffic accident of this case, it should have deliberated and judged whether the present disability status falls under any grade, and further whether the insurance claim corresponding to the aggravated disability condition has been exercised within the statute of limitations of two years from the time when the deterioration of disability condition was known or could have been known. However, the court below determined that the above insurance claim has expired on the ground that the defendant exercised the insurance claim on the aggravated disability condition after the lapse of two years from the date when the traffic accident of this case occurred. In so determining, the court below erred by misapprehending the legal principles on the statute of limitations of the insurance claim, or

Therefore, without further proceeding to decide on the remaining grounds of appeal, the judgment of the court below shall be reversed, and the case shall be remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices.

Justices Min Il-young (Presiding Justice)