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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 7, 1997, B entered into a non-payment comprehensive insurance contract between the Defendant and the Defendant with the content that the Defendant would pay KRW 10,000,000 to the Plaintiff with the insurance proceeds for the death of the disaster (hereinafter “instant 1 insurance contract”); and (2) on December 14, 1999, where the Plaintiff died due to the above B’s disaster, the Defendant would not be deemed a non-payment comprehensive insurance contract with the content that the Defendant would pay KRW 50,000,000 to the Plaintiff with the insurance proceeds for the death of the disaster (hereinafter “instant 1 insurance contract”); according to each insurance contract’s terms and conditions, the accident refers to an accident as an contingent accident under the disaster classification table: Provided, That where a person who has a disease, disease, or physical and caused the occurrence or aggravation of its symptoms due to a minor external factor, the accident shall not be deemed a non-payment contingent accident.
B. The above B was hospitalized in the KOcheon Hospital Kim Jong-cheon Hospital on February 21, 2013 due to cathosis and chronic catitis (hereinafter “instant accident”), and died due to cathosis around March 13:50, 2013 while performing cathosis (hereinafter “instant accident”) and being receiving treatment due to cathosis on February 22, 2013.
[Ground of recognition] Facts without dispute, Gap evidence 1-2, Eul evidence 1-1-2, Eul evidence 1-2, the purport of the whole pleadings
2. Determination:
A. Since the Plaintiff’s assertion B died due to disaster, the Defendant is obligated to pay KRW 60,000,000 insurance money to the Plaintiff in accordance with the instant first and second insurance contracts.
B. The following circumstances, i.e., the instant B’s chronic diverssis and chronic diverssis of the left side of the urology branch at the time of the instant accident, which are acknowledged by comprehensively taking account of the descriptions of No. 2 and the purport of the entire arguments in the medical record appraisal of the Korean Medical Doctor Association of this Court.