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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 October 31, 2008, the Plaintiff entered into an insurance contract with the non-party C Co., Ltd. (hereinafter “non-party C”) as the insured and the beneficiary. On March 31, 2009, the Plaintiff entered into a DNA insurance contract with the non-party company as the Plaintiff (hereinafter “the non-party 1 insurance contract”). On March 31, 2009, the Plaintiff entered into a DNA insurance contract with the non-party company as the Plaintiff (hereinafter “the non-party 2 insurance contract”). The Defendant acquired the instant insurance contract from the non-party company around 2015.
The main contents of each insurance contract of this case relating to the general terms and conditions and special terms and conditions are as follows.
Article 14 (Compensation for Damages) ① When the insured has suffered bodily injury (excluding physical assistance equipment, such as clothes, artificial arms, bills, and clothing; hereinafter the same shall apply) due to a sudden and incidental accident (hereinafter referred to as “accident”) during the insurance period, the company shall compensate for the damage resulting from the injury in accordance with this Clause.
Article 15 (Compensation for Non-Compensation) (1) The Company shall not pay compensation for any loss arising from the following causes:
7. A pregnancy, childbirth (including kings), miscarriage or surgery, or other medical treatment for the insured. However, in the case of injury borne by the company, compensation shall be made for the injury.
Article 17 (Insurance Money for Future Disability) If the insured was injured by an accident as provided for in Article 14 and the injury was cured, and the physical part of the body was lost within two years from the date of the accident or the function thereof was permanently lost (hereinafter referred to as "aftermath disability") as a result of the accident, and the payment rate specified in the Disability Classification Table remains more than 80% (hereinafter referred to as "math disability"), the company shall pay the total purchase amount as insurance money for the advanced disability (paragraph 1) and less than 80% (hereinafter referred to as "math disability").