1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On February 12, 2013, the Defendant, the insurer of an insurance contract, concluded a contract with the deceased and the insured, from February 15, 2013 to February 15, 2018, “D” with the beneficiary of the insurance proceeds upon death (hereinafter “instant insurance”).

The above insurance has a basic contract with the purchase amount of KRW 100,000,000, and according to this, the purchase amount shall be paid in case of death due to an injury accident.

B. On July 22, 2018, the Deceased was killed due to a traffic accident while driving a two-wheeled vehicle in Vietnam.

[Ground for recognition] Unsatisfy

2. The Deceased, the insured, who is the beneficiary of the instant insurance, has died due to a traffic accident, which is an injury, and the Defendant is obligated to pay the Plaintiff, the beneficiary of the instant insurance, KRW 100 million, and delay damages due to the instant insurance contract.

3. Whether the insurance contract is terminated.

A. The defendant asserted that the deceased violated his duty to notify the terms and conditions in relation to the operation of the two-wheeled vehicle, and accordingly the defendant terminated the insurance contract of this case, so the defendant does not have any obligation to pay insurance money to the plaintiff.

B. Determination 1) Article 27(1) of the General Terms and Conditions of the instant insurance contract (the duty to notify after the contract) provides that “When a contractor or the insured changes his occupation or duty, or continuously uses a two-wheeled motor vehicle or motor device bicycle, he shall, without delay, notify the company thereof,” and Article 28 (Effect of Violation of the Duty to Notify) provides that “When the company fails to perform its duty to notify after the contract is concluded under Article 27(1) relating to an increase in risk, the company may terminate the contract without asking the time or after the occurrence of loss.”

B. At the time of the conclusion of the instant insurance contract, the deceased question whether he will drive the Ortobane.