채무부존재확인
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The reasoning for this Court’s explanation is as follows: (a) the entry of “1. Basic Facts” of the first instance judgment is the same as the entry of “1. Basic Facts” of the second instance judgment, except for the addition of the following in the second instance judgment following the second instance judgment, and therefore, (b) it is acceptable in accordance with the main sentence of Article 4
E. The Plaintiff’s exemption clause stipulated in the general terms and conditions of the instant insurance contract (hereinafter “instant exemption clause”) is as follows.
(A) Article 17 (Reasons for Not Payment of Insurance Money) (1) The Company shall not prevent insurance money when any of the following events occurs to cause the payment of insurance money:
1. The intention of the insured person: Provided, That where the insured person has impaired himself/herself in a state that he/she is unable to make a free decision due to mental disorder, etc., he/she shall pay the insurance money to him/her;
2. The Plaintiff’s assertion that the deceased died upon F’s request from F to make his title, which constitutes grounds for paying insurance proceeds under the instant clause of exemption, and thus, the Plaintiff did not have a duty to pay insurance proceeds to the Defendant under the instant insurance contract.
Nevertheless, since the defendant claims the payment of insurance money to the plaintiff, there is a benefit to confirm that the plaintiff has no obligation to pay insurance money.
3. Determination
A. The insurer is responsible to prove the fact that falls under the foregoing exemption in order to exempt the insurer from the liability to pay the insurance money if the insurance contract of the relevant legal doctrine insurance provides that “if the insured intentionally injures himself/herself” as the insurer’s exemption from liability.
In such cases, the insurer shall prove the existence of objective physical evidence, such as a statement of intent to commit suicide, or that there is no reasonable doubt about the possibility of not committing suicide in ordinary sense.
Supreme Court Decision 2010Da6857 Decided May 13, 2010 and Supreme Court Decision 2001Da49234 Decided March 29, 2002