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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. The plaintiff is the wife of the network B.
B. On July 29, 2005, the Defendant (the title at that time was changed to the name of Korea Life Insurance Co., Ltd. as of October 9, 2012) and himself as the insured, the beneficiaries at the time of the death of the insured, respectively. ① On January 21, 2002, the principal contract was entered into with the maturity date of the insured, KRW 70 million due to the guarantee of bereaved family members at the time of the death of the insured, KRW 70 million in the case of death due to traffic accidents on board the vehicle, KRW 35 million in the case of death other than traffic accidents (hereinafter “instant first insurance contract”), ② the “Life Insurance Contract on Distribution of Dividends” containing a special agreement that additionally pays KRW 15 million in the case of death other than traffic accidents (hereinafter “instant first insurance contract”), and ② the “individual Transport Insurance Contract”).
C. On October 12, 2014, around 23:32, 2014, B driven by one’s DSS3 motor vehicles (hereinafter “instant motor vehicles”) to move into the Young-dong Highway, and was found to be dead in the instant motor vehicle by F with the staff of the rest area at the rest area at the rest area at around 19:50 of the 17th day following the fiveth day thereafter.
Meanwhile, at the time, the instant automobile was returned to the “ON” but the fuel was sculed, and the window inside the vehicle was shut down. However, the time of death in the network B was around 03:00 of the same month, and the cause of death is presumed to be a physical test out of the waters inside the closed vehicle.
The Defendant recognized the death of B as the case of death outside of traffic disaster, and paid KRW 35 million in relation to the main contract of the first insurance contract of this case, but only KRW 35 million in relation to the special contract for the guarantee of death of a disaster, and ② KRW 10 million in relation to the main contract of the second insurance contract of this case.