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(영문) 대법원 2021.02.04 2017다281367

보험금

Text

All appeals are dismissed.

Costs of appeal shall be borne by the plaintiff.

Reasons

The grounds of appeal are examined.

1. Whether suicide caused by depression falls under the grounds for exemption from liability and the insurer;

A. Even in cases where death is stipulated as the grounds for the insurer’s exemption from liability in an insurance contract for an insured event, it does not include cases where an insured person causes death without free decision-making due to an insured person’s mental illness. If a direct cause of death occurred due to an external factor while the insured cannot make a free decision-making, such death may constitute an insured accident, which is not intentional by the insured (see, e.g., Supreme Court Decision 2015Da5378, Jun. 23, 2015). Whether death was caused due to an insured person’s mental disorder, general mental psychological situation of the person who committed the suicide, the occurrence time and degree of the illness, and the surrounding circumstances surrounding the suicide, and the physical and mental condition of the person who committed the suicide, such as the time and place of the suicide, and other changes in the form of his/her mental disorder inserted by the person at the time when the act was committed, and the overall mental condition of the person who committed the suicide should be determined by comprehensively taking into account (see, e.g., Supreme Court Decision 2007Da197.