1. The plaintiff's obligation to pay insurance money based on the insurance contract stated in the attached Form to the defendant does not exist.

1. Basic facts

A. On June 4, 2004, the Defendant concluded an insurance contract with the Plaintiff and the insured as the Defendant in the same content as the attached Form (hereinafter “instant insurance contract”).

B. According to Article 22 (Extinctive Prescription) of the General Terms and Conditions of the instant insurance contract, “The extinctive prescription expires if a claim for insurance money, insurance premium, or refund is not exercised within two years.”

C. On March 16, 2012, the Defendant was in the emergency room of the Seoul Asan Hospital and was subject to a heart inspection, etc. on the ground of breast-feeding, but there was no special circumstance. On May 21, 2012, the Defendant was diagnosed as the “cupliction with the entry of smoke” (hereinafter “the instant diagnosis”) as a result of the inspection of the early waves conducted by visiting the said hospital again on May 21, 2012.

On December 23, 2014, the Defendant filed a claim with the Plaintiff for insurance proceeds of KRW 20 million due to the diagnosis costs of the Hemovascular disease under the instant insurance contract, but the Plaintiff rejected the claim for insurance proceeds on the ground that the extinctive prescription has expired.

[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. Even if the Plaintiff is liable to pay the insurance money to the Defendant according to the instant insurance contract asserted by the Plaintiff, the Defendant’s claim for the insurance money under the instant insurance contract was extinguished by the expiration of the extinctive prescription, since two years elapsed from May 21, 2012, which was the date of the instant diagnosis, and December 23, 2014, the Defendant claimed the insurance money.

B. (1) Determination (1) Article 662 of the former Commercial Act (amended by Act No. 12397, Mar. 11, 2014) provides that the extinctive prescription expires unless the claim of insurance amount is exercised for two years.

The right to claim insurance can be exercised from the time when the occurrence of the insurance accident occurs, so the extinctive prescription is not in special circumstances.