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1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The appeal cost is borne by the Defendant (Counterclaim Plaintiff).
Reasons
1. Basic facts
A. On March 10, 1996, the Plaintiff was a stock company that mainly engages in the insurance business, and entered into an insurance contract in the separate sheet with Defendant A (hereinafter “instant insurance contract”).
B. D, on March 30, 1996, in the street in front of the 583-5 Guri-dong, Suwon-si, 583-5 Guri-dong, in conflict with Gari-do, which was driven by F, and died of the accident on the following day.
(hereinafter “instant accident”). C.
Defendant A is the husband of Defendant A, and Defendant B and C are the children of Defendant D, and are beneficiaries of the insurance money of KRW 20 million (hereinafter “instant insurance money”) based on the instant insurance contract.
A around April 16, 1996, Defendant A claimed the instant insurance proceeds to the Plaintiff via H, a solicitor of the instant insurance contract, and H informed the Defendant A of relevant documents for claiming the insurance proceeds.
H submitted the above documents to the Plaintiff at the time of the above day, but returned the documents on the ground that the employee in charge of receiving the documents is suspected of drinking accidents.
E. Defendant A re-claimed the instant insurance proceeds to the Plaintiff on September 3, 2014.
【Ground for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 6, testimony of party witness H, purport of whole pleadings】
2. Determination on the main claim
A. Article 662 of the Commercial Act provides that the claim for insurance proceeds shall expire if it is not exercised for two years, and there is no provision on the starting point of the statute of limitations for the claim for insurance proceeds. Thus, Article 166(1) of the Civil Act provides that “The statute of limitations shall run from the time when the right can be exercised.” The claim for insurance proceeds is merely an abstract right before the occurrence of the insurance accident, but it becomes final and conclusive as a specific right due to the occurrence of the insurance accident.