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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. On October 24, 2011, the Plaintiff’s spouse B entered into an insurance contract with the Defendant, the Plaintiff, the insured, and the insurance period from October 24, 201 to October 24, 2026, with the monthly insurance premium of KRW 52,110 (=basic KRW 19,980 + special agreement KRW 32,130 + KRW 32,130). The Plaintiff’s spouse entered into the instant insurance contract (hereinafter “instant insurance”). In short, the Plaintiff’s special agreement entered into the instant insurance contract with the Defendant, namely, the insured’s limit of the subsidy for dealing with serious traffic accidents, is set at KRW 30,00,00.
B. The instant insurance’s “Special Terms and Conditions for the Settlement of Traffic Accidents Support Fund (3-1)” and “Special Terms and Conditions for the Settlement of Serious Accidents Support Fund (3-2)” classify the grounds for payment of insurance proceeds as follows.
3-1. Article 1 (Grounds for Payment of Insurance Money) (1) of the Special Terms and Conditions for the Settlement of Traffic Accidents (Grounds for Payment of Insurance Money) (1) Where the insured has made a criminal agreement by causing any of the following injuries to another person due to an automobile accident which has occurred rapidly and rapidly while driving a motor vehicle during the insurance period of this Special Terms and Conditions listed in the Insurance Policy, the insured shall be paid to the insured as the traffic accident settlement subsidy for each accident:
1. Where he/she causes the death of a victim;
2. Where he/she has received a diagnosis that the victim requires medical treatment for at least 42 days (based on one victim) due to a traffic accident in violation of serious Acts and subordinate statutes;
3. In the event a victim of a general traffic accident was indicted by the prosecution pursuant to Article 258(1) or (2) of the Criminal Act, Article 268 of the Criminal Act, and Article 3 of the Act on Special Cases concerning the Settlement of Traffic Road Accidents, or caused an injury falling under Grade 1, 2, or 3 as determined by the grade table of an injury caused by a motor vehicle accident, Article 1(1) or (2) of the Terms and Conditions of Special Subsidy for the Settlement of Traffic Accidents (Grounds for Payment of Insurance Money) (1) of the same Act.