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.

1. Basic facts

A. On April 4, 2002, the Defendant entered into a contract between the Plaintiff and the insured B (the Defendant’s children) and the beneficiary’s legal heir (DIFE80 Health Insurance Contract) and (D) FIFE80 Health Insurance Contract.

Furthermore, the Defendant entered into a special agreement for the death of a disaster (hereinafter “instant special agreement for the death of a disaster”) as indicated in the attached Form with the prime contract for the said “(D) Franchising Insurance” (hereinafter “instant prime contract”) as the main contract.

B. As to the payment of insurance money upon the death of the insured, the instant prime contract clause provides as follows.

Article 14 (Types and Grounds for Payment of Insurance Money) If any of the following events occurs to the insured, the Company shall pay the insured amount to the beneficiary:

1. An insured incident under Article 16 (Non-Payment of Insurance Money) (1) When the insured dies during the insurance period (hereinafter referred to as "insured incident"), the company may cancel this contract at the same time as it does not pay insurance money or exempt the payment of insurance premium when any of the following events occurs:

1. Where the insured has intentionally impaired himself/herself: Provided, That this shall not apply where the insured has impaired himself/herself in a state of mental illness, and where he/she commits suicide after two years from the date of commencement of liability (in cases of an inevitable contract, the date of reinstatement) and thereby has become a state of disability of class I in the table of disability classification;

(hereinafter omitted)

C. In addition, the terms and conditions of the instant accident death agreement stipulate as follows with respect to the payment of insurance money upon the death of the insured.

Article 10 (Types and Grounds for Payment of Insurance Money) A company shall be a state of disability of class I in the list of disability classification lists, where the insured has died as a direct cause of a disaster that occurred during the insurance period of this special agreement.