채무부존재확인
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. Around May 16, 2012, the network E (hereinafter “the deceased”) entered into an insurance contract listed in attached Table 2 (hereinafter “instant insurance contract”) with the Plaintiff, and the provisions relating to this case in the terms and conditions of the said insurance contract are as follows. A beneficiary of the death benefit shall be a statutory successor.
Article 17 (Reasons for Not Payment of Insurance Proceeds) (1) A company shall not pay insurance proceeds when any of the following events occurs:
1. The intention of the insured person: Provided, That where the insured person has impaired himself/herself in a state that he/she is unable to make a free decision due to mental disorder, etc., he/she shall pay the insurance money to him/her;
On January 22, 2014, the Deceased died as an accident (hereinafter “instant accident”) breaking a mersh to the purport of a brush, and then breaking a brush to the toilet mold.
On April 29, 2015, the Defendants, the legal inheritor of the Deceased, claimed insurance money from the Plaintiff according to the instant insurance contract.
[Ground of recognition] Evidence Nos. 1, 2, 3, Eul Nos. 1 and 7, the purport of the whole pleadings
2. The plaintiff asserts that the accident of this case constitutes an accident caused by the deceased's intentional intent and the plaintiff's obligation to pay insurance money under the insurance contract of this case is exempted.
As to this, the Defendants asserted that the instant accident constitutes a case where the Deceased was unable to make a free decision due to defectiveness, etc., and thus, they are obliged to pay insurance money to the Plaintiff.
3. Determination
A. In principle, the insured’s suicide constitutes an exemption from liability, unless it does not constitute a case where the result of death was caused in a situation where the insured could not make a free decision due to mental illness, etc.
The decision-making can not be made freely due to mental illness, etc.