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(영문) 서울중앙지방법원 2016.12.22 2016가단5045307

보험금

Text

1. As to each of the Plaintiffs’ KRW 50,00,000 and each of the said money, the Defendant shall pay to the Plaintiffs the year from December 31, 2015 to December 22, 2016.

Reasons

1. Basic facts

A. On February 22, 2011, the deceased C (hereinafter “the deceased”) entered into an insurance contract between the Plaintiff and the deceased with the insurance period as the deceased, from February 22, 2011 to February 22, 2089, with the beneficiary of death insurance as a legal heir, and with the amount of general injury death worth KRW 100 million (hereinafter “instant insurance contract”).

B. Article 17(1) of the General Terms and Conditions of the instant insurance contract (hereinafter “the instant insurance contract”) provides that “In the event the insured aged 15 or older suffers bodily injury during the insurance period (referring to bodily injury caused by a sudden and unexpected accident during the insurance period; hereinafter “injury”) and dies directly as a result (excluding death caused by a disease), I will pay the beneficiary the total amount of the insurance coverage as the death insurance amount.” Article 19(1) of the said insurance contract provides that “The company shall not prevent insurance money when any of the following events occurs,” and Article 19(1) of the said insurance contract provides that “I will pay the insurance money if the insured has damaged himself/herself without free decision-making due to a defect, etc. of the insured.”

C. At around 11:30 on October 7, 201, when the Deceased was serving in military service, the Deceased launched one ball gun in the military unit located in Yangyang-gun, Yangyang-gun, Gangwon-do, and died in two parts of the joint guns (hereinafter “instant accident”), and the Plaintiffs, the parents of the Deceased, are the deceased’s successors.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, 3, Gap evidence 5-2, Eul evidence 1, the purport of whole pleadings]

2. The plaintiffs asserted that they committed suicide in a state that the deceased could not make free decisions due to the outbreak of depression caused by extreme stress during military service. This case’s suicide.