1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim and appeal is the purport of the appeal.

1. Determination on the grounds for appeal

A. (1) As to the assertion that it constitutes an intentional damage, Article 21 of the Terms and Conditions of this case (hereinafter referred to as the "Terms and Conditions of this case") provides that "the defendant shall fairly interpret the terms and conditions in accordance with the principle of trust and good faith, and shall not interpret them differently according to the contractor," and "the defendant shall interpret them in favor of the contractor (paragraph (2) where the meaning of the terms and conditions is unclear)."

The insurance terms and conditions, such as the terms and conditions of this case, shall be interpreted fairly and reasonably in light of the purpose and purpose of the terms and conditions in good faith, and an objective and uniform interpretation shall be made in consideration of the interests of all insurance organizations based on the average customer's interests, without considering the intended purpose and intent of each party to the contract.

Even after such interpretation, in cases where the meaning of a standardized contract is unclear, such as the objective multiple interpretations and their respective interpretations are reasonable, it shall be interpreted favorably to customers.

(2) The terms and conditions of this case stipulate that “the victim, etc. shall be liable for legal compensation due to the physical disability of another person” as compensation for damage (see, e.g., Supreme Court Decision 2016Da277200, Jan. 17, 2019). The physical disability includes death in the physical disability by defining “the bodily injury, disease, and death resulting therefrom”

The accident of this case was committed by J, the beneficiary, for about 13 minutes at the low time of child care center so that the deceased could not take care of the deceased, and neglected for about 50 minutes after the death of the deceased due to physical death (Evidence A No. 4), and the accident of mutual aid is not abuse but the death of the deceased.