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The judgment below is reversed, and the case is remanded to Busan High Court.
Reasons
The grounds of appeal are examined.
1. The insurance terms and conditions shall be interpreted fairly and reasonably in light of the purpose and purpose of the terms and conditions in good faith, and shall be objectively and uniformly interpreted on the basis of average customer interests regardless of the intended purpose or intent of the parties to the contract, taking into consideration the interests of the entire insurance organization. Even after the above interpretation, if the meaning of the terms and conditions is not clear, such as the multi-regional interpretation and reasonableness of the terms and conditions, it shall be interpreted favorably to customers.
(see, e.g., Supreme Court Decision 2015Da243347, May 12, 2016). 2. Reviewing the reasoning of the lower judgment and the evidence duly admitted by the lower court reveals the following facts. A.
On October 23, 2007, the deceased, who is the inheritee of the Defendants, subscribed to the Plaintiff’s standard type insurance contract for non-dividendd life insurance (hereinafter “instant prime contract”) with the beneficiary as the deceased on October 23, 2007, and entered into a separate insurance premium and a special agreement for non-distributiond disaster death (hereinafter “instant special agreement”).
B. Article 14 of the State Contract Clause of this case provides that when the insured dies during the insurance period or becomes a disability with at least 80% of the total disability payment rate, a general death benefit amount shall be paid. Article 10 of the State Contract Clause of this case provides that the insured is a state of disability for which the total disability payment rate is at least 80% due to a disaster stipulated in the Disaster Classification Table during the insurance period, an additional accident shall be paid to the insured, and the disaster classification table corresponds to the "disaster subject to the Korean Standard Disease Classification" (S0-Y84) under the Korean Standard Disease Classification;
2. The term "contagious diseases as prescribed by Article 2 (1) 1 of the Prevention of Contagious Diseases Act" means the contagious diseases;