1. The Plaintiff (Counterclaim Defendant)’s obligation to pay insurance proceeds based on an insurance contract indicated in the attached Form to the Plaintiff (Counterclaim Plaintiff).

(b) Each entry and the purport of whole pleadings;

2. The assertion and judgment

A. The plaintiff asserts that the claim for the insurance proceeds of the following disability of the defendant has expired, and the defendant knew that the second right balance of the defendant's second right is a permanent disability as an insured accident only when he received the written diagnosis of this case. Thus, the defendant asserts that the defendant is liable to pay to the plaintiff the amount equivalent to KRW 10 million of the insurance proceeds stipulated in the insurance contract of this case (20 million of the insurance amount x 5% of the payment rate) according to the insurance contract of this case

B. (1) Determination (1) The occurrence of the instant insurance accident on August 1, 2009 during the insurance contract term of the instant case; the Defendant received surgery at C Hospital and received rehabilitation treatment in Ewon, etc.; the Defendant received the instant diagnosis on April 30, 2014 and filed a claim for the insurance proceeds of the subsequent disability with the Plaintiff on May 29, 2014. As seen earlier, the Defendant’s claim for the insurance proceeds of the subsequent disability was examined as follows.

* Article 662 of the Commercial Code provides that the right to claim insurance amount shall expire if it is not exercised for two years, and there is no provision on the starting point of calculating the period of extinctive prescription. Thus, Article 166(1) of the Civil Code provides that "the extinctive prescription shall run from the time when the right to claim insurance amount can be exercised." Thus, the right to claim insurance amount is only an abstract right before the occurrence of an insurance accident, but is not only the abstract right before the occurrence of an insurance accident, and the right to claim insurance amount can be exercised from the time when the occurrence of an insurance accident is determined as a specific right. Thus, barring special circumstances

(see, e.g., Supreme Court Decisions 97Da5422, May 12, 1998; 2003Da5573, 5580, Dec. 24, 2004). Meanwhile, whether an insured incident occurred or not.