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부산지방법원 2019.08.23 2018나62485

보험금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The reasoning for the court’s explanation on this part of the underlying facts is as stated in the relevant part of the judgment of the first instance, except for the fact that “ June 12, 2016” in the third part of the judgment of the first instance is deemed to be “ July 20, 2016,” and therefore, the judgment of the first instance is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. Plaintiff 1) As the deceased’s death constitutes an accident of injury, the Defendant is obligated to pay KRW 100,000,000 to the Plaintiff, a beneficiary of the instant insurance contract, even if the deceased committed suicide. (2) Even if the deceased committed suicide, the deceased was in a state that he could not make a free decision due to the loss of the body, etc. at the time of the instant accident. Therefore, the Defendant is obligated to pay insurance money pursuant to the proviso of Article 17(1)1 of the Insurance Terms and Conditions.

B. The Defendant Deceased did not prove that he was killed due to a sudden and unexpected accident, and according to the statements of his bereaved family members and their descendants, etc., the Deceased appears to have committed suicide. Therefore, there is no obligation to pay the injury death insurance in accordance with the instant insurance contract.

3. Determination

A. The legal principle on the burden of proof 1) In order for the beneficiary to receive the injury death insurance proceeds under the instant insurance contract, the insured falls under “the case where the insured died as a direct result of the injury” during the insurance period. The Defendant’s ordinary terms and conditions stipulate that the injury, which is the requirement of the insurance accident, is “an injury inflicted upon the body of an insured accident,” and that one of the reasons for not paying the insurance proceeds, provides that “the insured intentionally injures himself/herself.” Article 727 of the Commercial Act provides that the insurer of a personal insurance contract is liable to pay the insurance proceeds or other benefits as prescribed by the insurance contract, and Article 659(1) of the Commercial Act provides that the insurer of the personal insurance contract is liable to pay the insurance proceeds or other benefits if the insured