보험금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons for this court’s acceptance of the judgment of the first instance are the reasons for the judgment of the first instance except for the determination of the Plaintiff’s assertion that the Plaintiff emphasizes or adds to this court, as described in the following paragraph (2). Therefore, this is cited by the main sentence of Article 4
2. On January 29, 2015, the Plaintiff asserts that the instant accident was caused by the deceased’s intentional act, i.e., suicide, and the deceased’s failure to make a free decision, such as mental disorder, etc., on the premise that the deceased would drink 8 cans for two hours from January 29, 2015 to January 06 to 00 of the same day when the Plaintiff returned home.
However, it is not sufficient to recognize that the deceased started drinking since January 29, 2015 only with the descriptions of Gap evidence No. 22 submitted by this Court, and there is no evidence otherwise.
Even if the evidence presented in the first instance trial was presented to this court, it is difficult to conclude that the deceased was in a situation where it is impossible to make a normal judgment due to the fact at the time of the instant accident.
그밖에 원고는, 망인과 원고가 망인의 외도 문제로 장기간 다툼을 반복해 온 점, 망인의 사망 당일에도 흡연 문제로 다투다가 서로 폭행하기까지 하였고, 망인의 과거 외도 사실이 거론되면서 다툼이 격화된 점, 망인은 처가와 시댁에 외도 사실이 알려질 것을 두려워했던 점 등을 고려하면, 이 사건 사고는 망인의 고의, 즉 자살에 의하여 발생하지 않았고 망인이 심신상실 등 자유로운 의사결정을 할 수 없는 상태에서 이 사건 사고가 발생하였다고 주장한다.
In full view of the evidence submitted in the first instance trial and the statement No. 22 of the evidence, the deceased shall be subject to the overall purport of the pleading.