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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 14, 2005, the Defendant is a policyholder who entered into an insurance contract (main contract and special agreement for increase; hereinafter “instant insurance contract”) entered as the insured by the Defendant’s son B as the insured, and is a beneficiary who is the insured of the said insurance contract if an insurance accident occurred to B.
B. B around April 30, 2013, at the same time, was found to have been parked in the D parking lot located in Pakistan, and as a result, B was presumed to have committed suicide on the part of the vehicle, considering the trace, etc. where the bomb was loaded in the vehicle at the time.
C. According to the instant insurance contract, where the insured dies due to a disaster other than a traffic accident during the insurance period, KRW 50,000,000 (the sum of KRW 25,000,000 each of the principal contract and the special agreement for increase) shall be paid with the insurance proceeds for death from a disaster.
The main terms and conditions of the instant insurance contract are as follows:
Article 12 (Types and Grounds for Payment of Mutual Aid Money) of the General Terms and Conditions for Love Traffic Safety Mutual Aid (Types of and Grounds for Payment of Mutual Aid Money) shall pay the beneficiary mutual Aid money to the beneficiary when any of the following events occurs:
2. When he/she dies directly due to a traffic accident, other than a traffic accident or accident specified in the traffic accident classification table during the period of mutual aid: Article 14 (Mutual Aid) (1) of the Mutual Aid for the relevant death (Non-Mutual Aid). In either of the following cases, agricultural cooperatives may terminate this contract at the same time as it does not pay mutual Aid money if any cause for paying mutual Aid money arises:
1. Where the beneficiary intentionally damages himself/herself, but the beneficiary shall commit suicide or prejudice himself/herself after the lapse of one year from the date of commencing the liability for the contract (in the case of an inevitable contract, the date of restoration subscription).