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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. On April 4, 2002, the Defendant entered into an insurance contract with the Plaintiff on April 4, 2002 with the insured B (the Defendant’s children), and with the beneficiary as a statutory inheritor, respectively (Non-LIFE80 Health Insurance Contract and Non-LIFE80 Health Insurance Contract, and Non-LIFL Insurance Contract (hereinafter “instant contract”), and entered into a disaster death agreement (hereinafter “the instant accident death agreement”).
B. The company under Article 10 (Types and Grounds for Payment of Insurance Money) of the Terms and Conditions of the instant special agreement for death of the disaster (hereinafter “Terms and Conditions of the instant special agreement for death of the disaster”) shall pay to the beneficiary the insurance money agreed in the Schedule of Standards for Payment of Insurance Money (attached Table 1 omitted) if the insured has died as a direct reason for a disaster that occurred during the insurance period of the said special agreement or becomes a disability of class 1 in the Schedule of Disability Classification.
Article 12 (Insurance Accidents for which No Insurance Money is paid) of the Clause of the Special Agreement on Accident Death in this case (Insurance Accidents for which No Insurance Money is paid) ① The Company may terminate this Agreement at the same time as it does not pay insurance money when any of the following events occurs:
1. Where the insured has intentionally impaired himself/herself: Provided, That this shall not apply where the insured has impaired himself/herself in a state of mental illness and where he/she has committed suicide after two years from the date of commencement of liability (in cases of an inevitable contract, the date of reinstatement) of the contract, or has become a state of disability of 1 in the disability classification table;
The terms and conditions of the accident death agreement of this case [Attachment 2] shall apply mutatis mutandis to the accident classification table of this case, which is the main contract of this case, and the term "disaster" in the disaster classification table of this case is "accident" in attached Table 1.