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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 March 20, 2013, the Plaintiff entered into an insurance contract with the Defendant, an insurance company, with the amount of KRW 80,000,000 as the insured and the beneficiary of the survival insurance (hereinafter “instant insurance contract”).
[Ordinary Terms and Conditions] 16. (Types and Reasons for Payment of Insurance Money) The Company shall be insured (persons subject to insurance) as stated in the Insurance Policy (Certificate of Insurance Policy) during the insurance period, and shall be injured (hereinafter referred to as "accident") during the insurance period.
(ii)such body parts (excluding physical assistive equipment as artificial organs, artificial organs or parts, dyphos et al., but including where they are transplanted and replaced by their functions;
When the disability payment rate prescribed in the Disability Classification Table (see the Disability Classification Table 1; hereinafter the same shall apply) is equivalent to 3% to 100%, in the form of injury suffered, the amount calculated by multiplying the rate of payment prescribed in the Disability Classification Table by the amount of insurance covered by the ordinary terms and conditions shall be paid as the insurance proceeds of injury (3-100%).
35. (Payment of Insurance Money) A company shall, upon receipt of the documents specified in 34. (Documents Required for Filing a Claim for Insurance Money, etc.), issue a certificate of receipt, and pay the insurance money within three business days from the date of receipt of the documents;
If a company fails to pay insurance money within the due date under the above provision (including where the due date of payment as set forth above has been notified), it shall add the amount calculated as an annual welfare interest rate for the period from the following day to the due date to the insurance money.
However, if the payment is delayed due to a cause attributable to the contractor, the insured (person subject to insurance) or the beneficiary (person who receives the insurance money), the interest for the corresponding period shall not be added to the interest for the corresponding period.
【Agreement on Special Treatment of Under 80 per cent of Injury, etc.】
1. Types of insurance money;