1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the same judgment as stated in paragraph (2). Thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. Under the Act on the Regulation of Terms and Conditions, the interpretation of the terms and conditions is prohibited in interpreting the terms and conditions to customers.

Therefore, it is not permissible to interpret that the proviso to the exemption clause of this case can be applied only to the case of injury treatment which is an insurance accident covered by the insurance company.

B. Article 5(2) of the Act on the Regulation of Terms and Conditions provides that “If the meaning of terms and conditions is not clear, it shall be interpreted in favor of customers.”

Therefore, the interpretation of the terms and conditions shall be interpreted fairly and reasonably in light of the purpose and purpose of the terms and conditions in good faith, and it shall be objectively and objectively interpreted on the basis of average customer's understandability without taking into account the purpose and intent of each party to the contract. Even after the above interpretation, if the meaning of the terms and conditions is not clear, such as objectively and objectively interpreted the terms and conditions and their respective interpretations are reasonable, it shall be interpreted favorably to customers.

(See Supreme Court Decision 2008Da81633 Decided May 28, 2009, Supreme Court Decision 2009Da60305 Decided December 9, 2010, etc.). However, in light of the possibility of average customer understanding, the term of exemption in this case is obvious that the damage incurred by the insured from surgery or other medical treatment is not subject to guarantee except for the case of surgery or other medical treatment to cure the injury, which is the insurance accident covered by the Defendant. Thus, the term of exemption in this case is clear that the damage is not subject to guarantee.