beta
(영문) 서울남부지방법원 2015.10.22 2015나55637

보험금

Text

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.

Reasons

1. Facts of recognition;

A. On October 14, 1980, the Plaintiff’s husband B (hereinafter “the deceased”) concluded an insurance contract (class 1) with the Defendant with “the deceased, the beneficiary’s heir at the time of death, and the insured amount of KRW 10 million” (hereinafter “instant insurance contract”).

B. On October 14, 2012, the Deceased attempted to fluorize the first medication, which is a dluorous loss, in the greenhouse house of an official family near the Yasung-gun, J. S. C. A. Around October 14, 2012, the deceased died at around 17:23 of the same day during treatment, even though the Plaintiff discovered it and sent it to the D Emergency Hospital located in the Gangwon-gun C. A.

C. The terms and conditions of the insurance contract of this case are attached to the insured's accident during the insurance period.

2. Reference, hereinafter referred to as “disaster”

(i)in the event of the death within 90 days from the date of the accident with direct cause, two times the contract amount shall be paid with the insurance proceeds resulting from a disaster death before the end of the year in which the payment of the cost of life is due (Article 1(3) and Schedule of the Insurance Terms

1. The term "accident subject to the payment of insurance proceeds" refers to an accident that occurs as a contingent external accident (Provided, That where a person who has a disease or a physical handicap suffers from a minor external accident or has aggravated symptoms, such minor external accident shall not be deemed an contingent external accident) and which falls under each item (attached Table);

2. provide for an accident at issue (see, e.g., accident at issue). [Recognizing fact] without dispute, evidence No. 2, evidence No. 1 and No. 2 (including paper numbers), and the purport of the whole pleadings.

2. Determination as to the cause of claim

A. The main point of the Plaintiff’s assertion is that suicide of the Deceased constitutes an accident resulting in death by injuring himself/herself in a situation where he/she is unable to make a free decision due to extreme depression.

Therefore, the defendant is the beneficiary of the accident death insurance amount of KRW 20 million.