1. The plaintiff (Counterclaim defendant) successor's appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiff (Counterclaim Defendant).

1. Scope of the deliberation of the political party;

A. Although the court of first instance accepted the entire principal lawsuit of the Plaintiff’s succeeding intervenor and dismissed the Plaintiff’s claim in full, the Plaintiff’s claim was excluded from the scope of the trial for the first instance, since the Plaintiff and the Defendant did not appeal against it.

B. On the other hand, the part of the counterclaim claim, while the court of first instance accepted all the counterclaim claim against the plaintiff succeeding intervenor, and the plaintiff succeeding intervenor appealed only to the counterclaim part, and the scope of the trial on the first instance judgment is limited to the defendant's counterclaim part.

2. Facts of recognition;

A. On December 12, 2007, the Defendant entered into an insurance contract with the Plaintiff on December 12, 2007, with the term of insurance from December 12, 2007 to December 12, 2038 (hereinafter “instant insurance contract”). The Defendant, the insured, entered into a special agreement on brain stroke that the Defendant pays 10 million won as diagnosis allowances only once for the first diagnosis (at the time of diagnosis exceeding one year) where the diagnosis becomes final and conclusive during the said insurance period.

B. Article 2(1) and attached Table 5 of the Special Terms and Conditions applicable to the special agreement on diagnosis benefits during the above strokes are as follows.

Article 2 (Definition and Diagnosis Confirmation of Brain) (1) The term "stroke" in this contract means the blood stroke, cerebral cerebral stroke, and other non-strokeic strokeic stroke, non-cerebral stroke, non-cerebral stroke, cerebral stroke, and the pulmonary stroke and strokeic stroke, which are classified into the strokee of the 4th Korean Standard Rastropha Classification (hereinafter referred to as the "stroke 5").

(2) The diagnosis and confirmation of the brain shall be conducted by a hospital, a clinic, or a person with a medical specialist's license recognized by the company as equivalent to the hospital under Article 3 (2) of the Medical Service Act, and such diagnosis shall be conducted by the person with a medical specialist's license, which shall be accompanied by a pathological examination, and cerebr electronic computerizing iographic C