beta
(영문) 서울중앙지방법원 2016.04.22 2015나50742

보험금

Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

. At the time of payment of the agreed insurance money to the beneficiary.

1. When a disaster occurs as a direct cause for the insurance period: Article 11 (Insurance Accidents for which no Insurance Money is paid) (1) of the total amount of the amount of the insurance coverage for the relevant insured (the insurance accidents for which no Insurance Money is paid) may terminate this special agreement at the same time as the insurance money is not paid if any of the following events occurs:

1. The insured has intentionally impaired himself/herself, but this shall not apply to cases where the insured has impaired himself/herself from a mental disorder;

(Annex 1) Disaster listed in the disaster classification table means an accident resulting from a contingency (Provided, That where a person who has a disease or physical disorder suffers from a minor external factor or has aggravated symptoms, the minor external factor shall not be considered as a contingency accident) which is specified in the following classification:

* This Classification is based on the “outstanding of Disease and Death” in the Korean Standard Disease Death Classification (Enforcement of the Statistics Korea’s Notice No. 2002-1, January 1, 2003), and the purport of the whole pleadings and arguments as follows: (a) there is no dispute on the basis of recognition; (b) A; (c) evidence No. 1, 2, 3, 7; (d) evidence No. 1 and 3;

2. The parties' assertion

A. The plaintiffs asserted that the deceased had been treated with depression for a long time before his death, and that the deceased died from his apartment without drinking alcohol at the time of his/her death. This is not a general suicide but a result of his/her death occurred when he/she was unable to make his/her own decision due to mental illness and drinking, and thus, the defendant should pay to the plaintiffs more KRW 10 million of the disaster death insurance proceeds according to the special agreement for the death of a disaster.

B. The instant accident caused by the Defendant’s suicide does not constitute a disaster stipulated in the special agreement for the death of the deceased.