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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On June 15, 1998, the Plaintiff’s mother C entered into an insurance contract with the Defendant, with the Plaintiff as the insured and beneficiary (in injury), with the insurance coverage amount of KRW 10,000,000, the insurance coverage period of KRW 15 years (the maturity on June 15, 2013), and the “elbow (blue type) insurance contract” with the insurance payment period of KRW 5 years (hereinafter “instant insurance contract”).
B. The content of the instant insurance contract (1) Article 10(1)4 of the instant insurance contract (hereinafter “instant insurance contract clause”) provides that “The Defendant shall pay special education expenses to the beneficiary of the instant insurance contract, “The insured, during the insurance period, is in the state of disability of Grades II through VI in the disability classification table due to the disability status or disaster of Grades I and VI in the disability classification table, and is living on the date on which the cause for the payment of insurance proceeds occurs.”
(2) According to the attached Table 1 of the instant insurance clause, if the insured falls under class 1 of the disability grade, the amount of special education paid is equivalent to 100% of the purchase amount of insurance.
C. Around 199, the Plaintiff received the diagnosis of physical retardation and brain damage and continued treatment. On August 21, 2006, the Plaintiff received the diagnosis of class 1 of disability on the ground of mental retardation.
(2) Upon the Plaintiff’s request, the Defendant paid a total of KRW 70,000,000 from 2009 to 2012 at the Plaintiff’s special education expense from 2006 to 2012.
[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, Eul evidence 1, Eul evidence 4 and 5, the purport of the whole pleadings]
2. The parties' assertion and judgment
A. The plaintiff's assertion that the contract clause of this case means that when the insured who is an insured incident occurs during the insurance period, the special education expenses shall be paid each year until the insured is alive even after the insurance period expires. Thus, the defendant is obliged to pay the continuous special education expenses even after the insurance is extended.