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(영문) 서울중앙지방법원 2018.05.25 2016가단5241310

보험금

Text

1. The Defendant: 50,000,000 each of the Plaintiffs, and 5% per annum from May 27, 2016 to November 7, 2016, respectively.

Reasons

1. Basic facts

A. On March 26, 2012, the network C (hereinafter “the deceased”) concluded a contract between the Defendant and the deceased with the term of the contract from March 26, 2012 to March 26, 2053, setting the general injury death insurance amount as KRW 100 million (hereinafter “instant insurance contract”).

B. Of the terms and conditions of the instant insurance contract, the general injury and death special terms and conditions are as follows.

17.(Non-Guaranteed Damages) The Company shall not pay insurance proceeds when any of the following causes for the payment of insurance proceeds occurs:

Where the insured has intentionally impaired himself/herself: Provided, That he/she shall be paid insurance proceeds if the insured has impaired himself/herself in a state that he/she is unable to make a free decision due to mental disorder, etc.

C. At around 05:00 on May 20, 2016, the Deceased died of his/her body room installed in the Gu-U.S. D’s room, where his/her residence was 05:00, she discovered the Plaintiff A, the mother of the Deceased’s mother, laid the string away the string, and reported 119 on the 119. However, the Deceased was dead.

As the inheritor of the deceased, there are the plaintiffs who are parents.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 2 to 4, the purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) The Plaintiffs committed suicide in the absence of free decision-making due to mental disorder, etc., and the Defendant is obligated to pay the insurance money under the instant insurance contract to the Plaintiffs, who are legal successors of the Deceased. 2) The Defendant Deceased intentionally committed suicide in the status of free decision-making. Therefore, the Defendant is not obligated to pay the insurance money to the Plaintiffs.

B. In light of the legislative intent of Articles 659(1) and 732-2 of the Commercial Act, the death is an insurance accident.