beta
Text
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. The grounds for the judgment of the court of first instance shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the court of first instance
However, part of the following shall be cut:
2. Article 62 of the former Commercial Act (amended by Act No. 12397, Mar. 11, 2014) (amended by Act No. 12397, Mar. 11, 2014) provides that the right to claim insurance amount shall expire unless the right to claim insurance amount is exercised for two years, and Article 166(1) of the Civil Act provides that "the extinctive prescription shall commence from the time when the right to claim insurance amount can be exercised," and the right to claim insurance amount shall not be exercised from the time when the occurrence of the insurance accident is determined as an abstract right until the occurrence of the insurance accident, and the specific right may be exercised from the time when the insurance accident occurred, barring special circumstances.
(See Supreme Court Decision 97Da5422 Decided May 12, 1998, Supreme Court Decision 2003Da5573, 5580 Decided December 24, 2004, Supreme Court Decision 2013Da34693 Decided September 26, 2013, etc.). As seen earlier, as a result of a clinical examination conducted by a Cneology medical clinic on October 15, 2009, the Plaintiff received a clinical examination of Grade 1 disability under the Act on Welfare of Persons with Disabilities on October 20, 209, and thus, it should be deemed that the insured accident under the instant insurance contract occurred around October 20, 2009, which was verified that the status of Grade 1 disability was the status of Grade 1 disability.
Therefore, barring any special circumstance, the extinctive prescription of the instant insurance claim from October 2009 shall begin to run from October 20, 2009, and the instant lawsuit was filed on December 29, 2015.