1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasons why the court should explain this part of the basic facts are the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff's assertion

A. Article 12 of the terms and conditions of the instant mutual aid agreement provides that “The details of compensation for self-paid losses shall be limited to the amount of the death mutual aid agreement entered in the car mutual aid agreement when the partner dies, and the mutual aid amount paid shall be limited to the amount of the accident mutual aid agreement entered in the automobile mutual aid agreement.” The amount of the mutual aid amount shall be the amount of the automobile insurance (the actual loss - the amount of the mutual aid amount. The amount of the mutual aid amount

This is an important subject of the duty to explain the contents of the mutual aid contract, and the defendant did not fulfill such duty to explain, so the above terms and conditions are not effective.

Therefore, notwithstanding the provisions of the above terms and conditions, the defendant shall pay the plaintiff 100 million won of the mutual aid money when he dies due to his own physical damage as stated in the column for "self-liability mutual aid agreement" of the automobile mutual aid agreement of this case. Since the defendant paid only KRW 57,037,970, the defendant sought the payment of the remainder after deducting the amount

B. Even if the Defendant fulfilled its duty to clearly explain Article 12 of the terms and conditions of the instant mutual aid agreement and its validity is recognized, Article 1.(5) of the said terms and conditions provides that “In the case of death, the amount entitled to compensation under the automobile insurance (including the mutual aid agreement) and the personal compensation Class I, or in the case of death, the amount entitled to compensation from a third party other than the obligor to compensate shall be paid.”

However, after the Plaintiff suffered a traffic accident, the Plaintiff claimed insurance money due to the death of B to Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Modern Sea”), which is an insurance company of D (hereinafter “Modern Sea”), but the modern sea is called “Modern Sea.”