1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. B and C had the Plaintiff as their children, and on December 15, 2003, an agreement divorce was reached.

B. On September 2013, C entered into an insurance contract with the Defendant via D, an insurance solicitor belonging to the Defendant, with the following content:

(hereinafter “instant insurance contract”). At the time, B does not have signed the documents related to the instant insurance contract in writing.

Insurance name: Insurance name: Beneficiary B from September 9, 2013 to September 9, 2034: Legal heir

C. The terms and conditions of the instant insurance contract stipulate that if the insured (B) dies of a disease during the said insurance period, the Defendant shall pay the beneficiary a total of KRW 50 million.

B around January 22, 2016, around 04:39, the prior physician died as “luminous cancer” and “pathoous shock.”

[Reasons for Recognition] Facts without dispute, Gap 2, 3, 5, 7-11 evidence (including paper numbers; hereinafter the same shall apply), Eul 2 and 5 evidence, witness D's partial testimony, and the purport of the whole pleadings

2. The plaintiff asserts that the defendant is liable to pay the insurance money under the insurance contract of this case.

On this issue, the defendant asserts that the insurance contract of this case is null and void in violation of Article 731 of the Commercial Act.

3. Article 731(1) of the Commercial Act provides that a person’s written consent shall be obtained when an insurance contract covering the death of another person as an insured event is concluded. The purport of the provision is to eliminate the existence of a dispute by clarifying the timing and method of consent. Therefore, the consent of the insured person should be obtained separately from each insurance contract, and it is insufficient to provide a comprehensive, implied, or constructive consent.

In addition, according to Article 731 (1) of the Commercial Code, the time when the insured must express his/her consent in writing in another person's life insurance contract is the time of insurance contract.