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1. The Defendant’s KRW 11,876,00 for the Plaintiff and KRW 6% per annum from May 24, 201 to June 18, 2015.
Reasons
1. Basic facts
A. On October 27, 2004, the Plaintiff entered into an insurance contract with the Defendant stating that, between October 27, 2004 and October 27, 2019, the insured, the Plaintiff, the beneficiary, the Plaintiff’s legal heir, and the insurance period from October 27, 2004 to October 27, 2019, the insurance premium was set at KRW 25,000 per month, and that, if the insured suffered from a disability due to an injury, the maximum amount of KRW 50,00,000, and the rate of the late-paid disability payment is at least 50%, the Plaintiff paid KRW 10,000 per year for the period from the accident occurred during the pertinent year (hereinafter “instant insurance contract”).
B. The main parts of the terms and conditions applicable to the instant insurance contract (hereinafter “instant insurance terms and conditions”) are as follows.
[Ordinary Terms and Conditions] Article 34 (Payment of Insurance Money) (1) A company shall issue a certificate of receipt when it receives the claim documents stipulated in Article 33 (Documents Required for Filing Claims, such as Insurance Money) and shall pay insurance money within three days from the date of receipt of the documents.
[General Injury, Death, Disability, Disability Security Clause] Article 2 (Compensation for Loss) ① Company shall compensate for damage resulting from such injury in accordance with this Clause, if the insured has suffered bodily injury due to a sudden and incidental accident during the insurance period.
Article 5 (Insurance Money for Climate Disability) (2) In general, if the insured has suffered from injury due to an accident as prescribed in Article 2, and the company has, as a result, lost part of the body within one year from the date of the accident, or has permanently lost its function (hereinafter referred to as "after disability"), and the latter disability (hereinafter referred to as "general disability") whose rate of payment in the table of the payment rate of the latter disability under attached Table 1 remains less than 80%, the company shall pay to the beneficiary an amount calculated by multiplying the payment rate as prescribed in each subparagraph of attached Table 1 by the amount of insurance for the general residual disability.