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(영문) 서울남부지방법원 2018.10.04 2018나55171
보험금
Text

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. Comprehensively taking account of the statements in Gap evidence Nos. 1, 2, 1, and 2 as to the cause of the claim, the plaintiff entered into an insurance contract with the defendant on September 26, 2006 with the insured as Eul as Eul (hereinafter "the insurance contract of this case"). According to the insurance contract of this case, the plaintiff decided to receive the insurance amount of KRW 30 million in the event of the death of Eul who is the insured, the fact that Eul died as Tamamam on November 18, 2014, and that the plaintiff claimed insurance amount against the defendant on February 21, 2017.

According to the above facts of recognition, the defendant is obligated to pay the above insurance proceeds of KRW 30 million and delay damages to the plaintiff, except in extenuating circumstances.

2. Judgment on the defendant's defense of extinctive prescription

A. The defendant asserts that the plaintiff's insurance claim based on the insurance contract of this case is extinguished after the lapse of the two-year statute of limitations.

As to this, the Plaintiff’s family had concealed the death of A, a son, due to the concern about the health of the deceased, and the Plaintiff asserted that the extinctive prescription of the insurance claim will run from that time on October 18, 2016, since she became aware of the death of B.

B. The right to claim is not only abstract right before the occurrence of the insurance accident, but also the right can be exercised from the time when the insurance accident occurred. Thus, in principle, the statute of limitations of the right to claim is run from the time when the insurance accident occurred, barring any special circumstances. However, even where it is objectively unclear whether the insurance accident occurred or not, and it is impossible for the claimant to know of the occurrence of the insurance accident without negligence, interpreting that the statute of limitations of the right to claim is run from the time the insurance accident occurred to the insurer.

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