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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 September 3, 2001, the main terms and conditions of each of the instant insurance contracts and the network D (1) (hereinafter “the deceased”) entered into a “E” contract with the Defendant (hereinafter “E”). According to the first insurance contract, the insured is the heir of the deceased and the beneficiary (the time of death of the deceased), the amount of KRW 33 million of the death benefit under the main contract, and the amount of KRW 110 million of the death benefit under the special contract for the death of the insured, if the insured dies due to a disaster.
Part I of the General Terms and Conditions Concerning the Main Contracts of the Insurance Contract and of the Special Terms and Conditions Concerning the Special Agreement for Disaster Death are:
Article 18 [Types and Grounds for Payment of Insurance Money] The Company shall pay the death insurance money agreed upon to the beneficiary when the insured dies or becomes disabled in the first degree of disability rating table during the insurance period.
Article 20 [Insurance Accidents for which no Insurance Money is paid] (1) A company may terminate this contract simultaneously with the failure to pay insurance money or to exempt the payment of insurance premium when any of the following events occurs:
1. Where the insured has intentionally impaired himself/herself, but this shall not apply where the insured has impaired himself/herself in a state of mental illness, and the insured has committed suicide after two years from the date of commencement of his/her responsibility, or has caused harm to himself/herself, thereby becoming a state of disability of Grade I in the
[Special Terms and Conditions for Disaster Death] Article 10 / [Types and Grounds for Payment of Insurance Money] A company shall apply to any one of the following matters to the insured as a result of a disaster prescribed in the Disaster Classification Table (See attached Table 2) during the insurance period of this Special Agreement: