채무부존재확인
1. As to the insured events listed in the attached Table 1, the plaintiff against the defendant under the attached Table 2 insurance contract.
1. Basic facts
A. A. Around February 2012, the Defendant concluded an attached Table 2 insurance contract with the Plaintiff (hereinafter “instant insurance contract”).
B. On July 24, 2014, the insured insured Party B of the instant insurance contract (hereinafter “the deceased”) died as shown in Appendix 1, as indicated in Appendix 1.
(hereinafter referred to as “instant accident”). C.
The main text of Article 22(1)1 of the instant Insurance Contract Clause stipulating that “the insured’s intentional act” shall not be paid insurance money when the insured dies due to general injury (hereinafter “instant exemption clause”), and the proviso of the same Article stipulates, “However, if the insured damages himself/herself in a state that he/she cannot make a free decision due to mental disorder, etc., he/she shall pay insurance money.”
(hereinafter “instant exemption clause”) D.
The defendant is the legal inheritor due to the denial of the deceased.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings
2. The plaintiff asserts that there is no obligation to pay the general injury death insurance money following the death of the deceased pursuant to the exemption clause of this case, and the defendant asserts that the deceased committed suicide under the condition of uneasiness and depression, etc. due to the death of the deceased, and that the defendant is obligated to pay the insurance money KRW 50 million as it falls under the exemption clause of this case and falls under the exemption clause of this case.
3. Determination
A. In principle, if the insured commits suicide, it constitutes an exemption from liability of the insurer, unless it does not constitute a case where the result of the death was caused in a situation where the insured could not make a free decision due to mental illness, etc. The issue of whether the insured was dead in a state which is unable to make a free decision due to mental illness, etc. is the age and character of the person who committed