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.

1. The reasons why the court should explain this part of the basic facts are as stated in the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Determination:

A. On May 1, 2006, the Plaintiff’s mother B filed a report on the following day with the police because it did not contact after leaving a store and going out, and the Plaintiff’s mother was confirmed to be the final location. The Plaintiff’s family and police searched and searched its final location, but did not find it. The Plaintiff’s family and police was declared missing on June 23, 2014 at the Suwon District Court Sejong District Court, Suwon District Court, and the Defendant is obligated to pay KRW 50,000,000 based on the instant mutual aid agreement.

B. (1) An accident among the requirements of an accident covered by a personal insurance contract refers to an accident caused by an unforeseeable cause, not intentional but unexpected cause, which results in an accident resulting in an unforeseeable result due to ordinary process, and an accident resulting in an external factor, not due to a physical defect of the insured, i.e. a physical defect of the insured.

There is a burden of proof on the claimant for insurance in relation to the causal relationship between the contingency, ex post facto nature of such accident and the result of injury or death.

(See Supreme Court Decision 2003Da35215, 3522 Decided November 28, 2003, and Supreme Court Decision 2010Da6857 Decided May 13, 2010, etc.). (2) Article 11(8) of the terms and conditions of the instant mutual benefit contract provides that “where a person is declared missing because his/her life or death is unknown” shall be deemed as falling under “Death,” which is the cause for payment of the disaster death insurance. However, the above provisions are the beneficiary.