1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The plaintiff is the mother of B, and the defendant is a corporation that runs insurance business.

B. On March 26, 2010, the Plaintiff entered into an insurance contract with the Defendant, “Non-Distribution Turkey Insurance 1004” (hereinafter “instant insurance contract”) around the insurance type, around March 26, 2010, where the Plaintiff and the Defendant were the insured, and the beneficiary were the legal heir of the insured.

C. B, around 10:54 on December 2, 2015, when he was in the first grade of D High School (hereinafter “instant accident”) and was killed at around 11:28, among the Does that were sent to the hospital by an emergency squad, after having her shotball ball ball ball ball ball ball ball ball ball ball ball ball ball ball balls, so on, he was killed at around 11:28.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 5, 6, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that, as the Plaintiff suffered injury and died therefrom due to the instant accident, the Defendant claimed that the Plaintiff, the beneficiary of the instant insurance contract, should pay the general injury death benefit amounting to KRW 50 million and delay damages, etc. to the Plaintiff, which is the beneficiary of the instant insurance contract. Accordingly, the Defendant asserted that the instant insurance contract is null and void in accordance with Article 732 of the Commercial Act, and that the instant insurance contract is deemed null and void in accordance with Article 732 of the Commercial Act,

B. Article 732 of the Commercial Act provides that an insurance contract where the death of a person under 15 years of age is an insured event is null and void.

The above provision cannot expect their consent based on their free and mature will where a person under 15 years of age is an insured person with incomplete mental ability, and the legal representative of a person under 15 years of age, etc. is the same.