1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Basic Facts

Around December 26, 2006, the deceased C (hereinafter referred to as the “the deceased”) concluded an insurance contract with the Defendant as indicated in the attached Form (hereinafter referred to as the “instant insurance contract”) with the beneficiary as the Plaintiff, who is the deceased’s child at the time of death.

The terms and conditions applicable to the instant insurance contract (hereinafter “instant terms and conditions”) are as follows.

Section 13 (Compensation for Loss) (1) If the insured (person insured) suffers an injury to his body (excluding physical assistance equipment, such as acceptance, will, bill, and doctor's duty; hereinafter the same shall apply) due to any sudden and incidental accident during the insurance period (hereinafter referred to as "accident"), the company shall compensate for the damage resulting from the injury (hereinafter referred to as "damage") in accordance with the terms and conditions.

Article 14 (Compensation for Non-Compensation) (1) The Company shall not compensate for any loss arising from any of the following causes:

1. The intention of the insured;

2. Beneficiary's intention: Provided, That if the beneficiary is a part of the insurance proceeds, he shall pay the remainder of the insurance proceeds excluding the insurance proceeds equivalent to the beneficiary to the other beneficiary;

3. Intention's intention;

4. Self-injury by the insured, suicide, attempted suicide, criminal act under the Criminal Act or act of violence (Provided, That if it is recognized as self-defense under the Criminal Act, emergency evacuation, or legitimate act, compensation shall be made for it);

5. An insured's disease;

6. Insane or mental illness of the insured (person insured) (1) The company shall be 100,000,000 won as stated in the insurance policy if the insured suffered injury due to an accident as prescribed in Article 13 during the insurance period after the date on which the insured falls under the age of 15 and died directly as a result of the accident within two years from the date of the accident.

the beneficiary as the death benefit.