보험금
1. The Defendant shall pay to the Plaintiff KRW 40,00,000 as well as 20% per annum from May 1, 2015 to the day of full payment.
1. Facts of recognition;
A. On June 15, 2012, the deceased and the beneficiary’s legal heir at the time of the death, and the insured period from June 15, 2012 to June 15, 2017, the deceased and the deceased entered into an insurance contract of non-distribution family voluntary franchise insurance (hereinafter “instant insurance contract”) with a fixed insurance period from June 15, 2012 to June 15, 2017, and subscribed to a special agreement for guaranteeing non-distribution disaster death with fixing the insurance amount as KRW 40 million.
B. According to the terms and conditions of the insurance contract of this case for the guarantee of non-dividend disaster death, the defendant pays 100% of the purchase amount of the insurance contract of this case to the beneficiary where the insured died during the insurance period (Article 10, attached Tables 3 and 1), but the insurance money is not paid where the insured dies due to intentional harm to himself/herself, and where the insured dies due to harming himself/herself under the condition that he/she cannot make a free decision due to mental disorder,
(Article XII(1)1(c).
On May 8, 2014, the Deceased committed suicide from May 18, 2014, to KONA on the clothes of 1.3m high in height at the inside of the Plaintiff’s residence, and the Plaintiff, his child, C, and D agreed to receive insurance proceeds.
[Reasons for Recognition] Facts without dispute, Gap 1 to 7 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserted that the plaintiff committed suicide while the deceased cannot make a free decision due to depression. The defendant asserts that the plaintiff is liable to pay the plaintiff the insurance proceeds of KRW 40 million and damages for delay from the day following the delivery of a copy of the complaint in accordance with the insurance contract of this case.
The defendant asserts that the deceased cannot be viewed as committing suicide in a situation where he/she cannot make a free decision due to mental disorder, etc.
B. In the insurance contract where the death of the judgment is an insured event, suicide is stipulated as the insurer's exemption from liability.