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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.
Reasons
1. Facts of recognition;
A. On February 16, 2011, B entered into an insurance contract between the Defendant and the insured with respect to the insurance products under the name of the lower-term insurance contract, B, the beneficiary at the time of death, and the Plaintiff, the spouse of B, and entered into a special agreement for the death of traffic accidents (hereinafter “instant insurance contract”).
B. According to the terms and conditions of the instant insurance contract, in the event a traffic accident occurs in the insured during the insurance period, and the insured dies due to a direct cause of such traffic accident, it is stipulated that the beneficiary shall pay KRW 40,000,000 to the beneficiary of the death benefit in the event that the insured dies due to a general accident, and that the insured dies due to a direct cause of such general accident.
The terms and conditions of the instant insurance contract stipulate with respect to traffic accidents as follows:
Classification Table of Traffic Disaster
1.The term "traffic disaster" in this insurance means the following accidents:
An unexpected accident caused by an insured person (the insured), who is not on board a transport agency during operation (including any one loaded therein), due to the collision, contact, fire, explosion, escape, etc. of the transport agency (including any one loaded therein),
(b) An accident not caused by an insured person while on board a transportation agency in operation or while in the platform of a transportation agency having the opening space as a passenger (referring to inside of the opening space);
(c) An accident in which a person insured is not insured due to the collapse of buildings, structures, etc., or falling from a structure, structure, etc., during road traffic;
2.The term "transporting vehicles" as referred to in subparagraph (a) means the following:
Initials, electric trains, electric trains, street trains, circulars, cables (including air cables), Libers et al., and escalators, escalators, etc.
(b) passenger cars, buses, and ..