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1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
3. The judgment of the court of first instance is delivered on January 1.
Reasons
1. The court's explanation on this part of the basic facts is based on the reasoning of the judgment of the court of first instance, as stated in paragraph (1) of the same Article.
2. The plaintiffs asserted that D is exposed to harmful substances emitted from a motor vehicle and died of waste cancer while cleaning at the underground parking lot as a cleaning agent of the building. Since the waste cancer constitutes the accident of this case, the defendant asserts that the insurance money of KRW 70 million should be paid to the plaintiffs according to their shares in inheritance.
Accordingly, the defendant asserts that the waste cancer from D does not fall under the accident of this case, and even if it falls under the accident of this case, the plaintiffs' insurance claim of this case has expired two-year prescription.
3. The right to claim the amount of insurance is merely an abstract right before the occurrence of the insurance accident, but it becomes possible to exercise the right from that time when the specific right is confirmed as the occurrence of the insurance accident. Thus, barring any special circumstance, in principle, extinctive prescription of the right to claim the amount of insurance proceeds shall be interpreted to run from the
Meanwhile, even if it is objectively unclear whether an insurance accident occurred or not, and it is impossible for the obligee to know of the occurrence of the insurance accident without fault, construing that the extinctive prescription of the insurance claim will run from the time the insurance accident occurred to the obligee would result in a harsh outcome, and is contrary to the justice and equity ideology, and is inconsistent with the rationale for the existence of the extinctive prescription system. Therefore, it is reasonable to interpret that the extinctive prescription of the insurance claim will run from the time when the obligee knew or could have known the insurance accident
Supreme Court Decision 200