1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The defendant-Counterclaim plaintiff's counterclaim brought at the trial.

1. Basic facts

A. On February 19, 2004, the Plaintiff entered into an insurance contract with D containing a special agreement for guaranteeing the death of a disaster (hereinafter “instant insurance contract”).

B. Of the terms and conditions of the instant insurance contract and the special agreement for guaranteeing the death of a disaster (hereinafter “the instant special agreement for guaranteeing the death of a disaster”) related to the instant case are as follows.

Article 17 (Types and Grounds for Payment of Insurance Money) The Company shall pay the death insurance money agreed upon to the beneficiary when the insured has died during the insurance period or when the insured has become a disability of class 1 in the disability classification table.

Article 19 (Insurance Accidents for which No Insurance Money is Paid) (1) A company may terminate this contract at the same time as the insurance money is not paid if any cause for the payment of insurance money occurs due to any of the following cases:

1. Where the insured has intentionally impaired himself/herself, but the same shall not apply where the insured has impaired himself/herself in a state of mental illness and where the insured has committed suicide after two years have passed from the date of commencement of liability (in cases of an inevitable contract, the date of reinstatement) of the contract, or has caused damage to himself/herself and thereby has become a state of disability of

(Attached Table 2) The term "disaster" means any accident resulting from a contingency (Provided, That where a person who has a disease or a physical factor suffers from a minor external factor or has aggravated symptoms, the minor external factor shall not be considered as a contingency accident) which is specified in the following classification:

(1) Article 10 (Payment and Payment of Insurance Money) of the General Terms and Conditions for the Guarantee of Death of the instant accident (hereinafter “Disaster”) provides that the insured shall be subject to any of the following, due to a disaster (hereinafter “disaster”) set forth in the Disaster Classification Table (See attached Table 2) during the insurance period of the instant Special Agreement: