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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 16, 2007, the Plaintiff entered into an insurance contract with the Defendant for non-payment of the general injury injury 300 million won, 100 million won, 100 million won, 100,000 won, and 100,000 won, etc. (hereinafter “instant insurance contract”). With respect to the disability of bridge in the terms and conditions of the said insurance contract, the payment rate of 100, 100, when the Plaintiff lost the surface of the two legs, 100, 3 large-scale sections of one bridge (referring to ancient, kneeing, and gings) among the three large-scale sections of one bridge (referring to the payment rate of 30,00,000 won, when the payment rate is 5,00,000 won, and the payment rate is 5,000,000 won, among the three sections of the Han bridge.
B. On October 12, 2009, the Plaintiff was faced with an accident in which he was riding a bicycle in the Ansancheon Park located in Ansan-si (hereinafter “instant accident”), and on October 13, 2009 due to the said accident, the Plaintiff was discharged on October 27, 2009, after completing a crypt operation for a mission, which is a high-ranking mission, and received hospitalized treatment.
C. After that, on November 20, 2009, the Plaintiff filed a claim against the Defendant for insurance money under the instant insurance contract, and the Defendant paid to the Plaintiff KRW 320,000,000,000 for injury hospitalization expenses, KRW 100,000,000,000 for the Alley surgery expenses.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. The plaintiff asserts that the plaintiff suffered a disability amounting to 30% of the payment rate under the insurance contract of this case because the accident of this case lost the function of the deceased, and therefore, the plaintiff asserts that the plaintiff sought payment of 120,000,000 won of the residual disability insurance [(100,000 won of the general injury after the injury to traffic 30 million won) x 30%] by the lawsuit of this case. The defendant asserts that the plaintiff's claim for the insurance money of this case has already expired by prescription.
B. As to the Defendant’s assertion on the extinction of the statute of limitations, the health room and the former Commercial Act No. 12397, Mar. 11, 2014.