보험금
1. All appeals filed by the plaintiffs are dismissed.
2. The plaintiffs' preliminary claims added at the trial are all the conjunctive claims of the plaintiffs.
1. The reasoning of the first instance court’s explanation concerning this case is as follows: (a) Gap evidence 6-1 to 6-6, which lacks to reverse the fact-finding of the deceased death cause of the deceased C, shall be rejected; and (b) the reasoning of the first instance judgment shall be dismissed as follows; and (c) the reasoning of the first instance judgment shall be dismissed as follows, except for the addition of the judgment as to the plaintiffs’ preliminary claim added in the trial, and as such, it shall be cited by the main sentence of Article 420 of the Civil Procedure Act.
[Attachment] In a case where an insurance contract which covers death as an insured event provides for suicide as an exemption from liability of the insurer, suicide refers to an act of intentionally cutting one’s own life for its purpose and causing death as a result of the occurrence of death, and it does not include the case where the insured intentionally cut his/her own life for its purpose, and it does not include the case where the result of death was caused in a situation where it is impossible for the insured to make free decision due to mental illness, etc. Therefore, if the act of direct cause which caused death was caused by the ex officio factor, the death can be deemed as an insured accident, which is not caused by the insured’s intentional act.
However, Article 15 (1) 6 of the General Terms and Conditions of the instant insurance contract provides that the insured's mental illness is an independent reason for exemption from the insured's intentional act or suicide. The purport of such exemption is to exclude the increased risk of injury when the insured's awareness ability or judgment ability is deteriorated as a mental illness, from the subject of insurance protection, and the risk taken over in the insurance can be determined differently according to the insurance contract. Thus, the terms and conditions of the insurance contract stipulate such exemption.