1.The judgment of the first instance shall be modified as follows:

The defendant Lessee (Counterclaim) occurred on November 7, 2008 in Gangnam-si B.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

The court's explanation of this case is consistent with the reasoning of the judgment of the court of first instance, except in accordance with the following Paragraph 2, since the court's explanation of this case is consistent with the reasoning of the judgment of the court of first instance, it shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

According to the above facts of determination on the grounds that the Plaintiff is obligated to pay the insurance proceeds of a traffic injury on the grounds of the Defendant’s neutronism and the Defendant’s neutronism, the Defendant’s neutronism and the neutronism before giving rise to the occurrence of the instant accident. Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the insurance proceeds of the neutronism (=50,000,000 x the payment rate due to the neutronism) according to the instant insurance contract.

The extinctive prescription of the right to claim the right to claim the disability after the plaintiff's assertion as to the completion of the extinctive prescription is two years, and the defendant claimed the insurance money against the plaintiff on July 3, 2013, which was evident that the two years have elapsed since November 7, 2008, which was the date of the instant accident.

Even if the Defendant knew or could not know the occurrence of the above disability on November 7, 2008, at least, he knew of the occurrence of the above disability through a physical appraisal report filed by him on September 15, 2010.

In this regard, on July 3, 2013, two years have passed since the defendant claimed insurance money to the plaintiff.

However, the right to claim for the future disability of the defendant has expired by prescription.

Judgment

The right to claim is only an abstract right before the occurrence of the insurance accident, but it is possible to exercise the right from that time, which is confirmed as a specific right due to the occurrence of the insurance accident. Therefore, in principle, the extinctive prescription of the right to claim insurance claims occurs, unless there are any special