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(영문) 서울중앙지방법원 2020.04.28 2019가단5240691

보험금

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are the spouses (A) and children (B, C, and D) of the deceased J (KB, hereinafter “the deceased”), and the Defendants are the insurers of the organization insurance for public officials of the deceased.

B. On June 1, 1994, the Deceased was appointed as a local public official and served as a public official belonging to Gyeongbuk-do and died on October 19, 2018.

C. The Deceased subscribed to a public official group insurance (hereinafter “instant insurance”) before his/her birth, and if the Deceased died due to an injury from January 1, 2018 to December 31, 2018, the insurance period, the main contents thereof are to pay a total of KRW 200 million as the insurance money by the Defendants, which is the insurer, to the total amount of KRW 50 million (the apportioned amount: KRW 50 million, KRW 50 million, KRW 50 million, KRW 30 million, KRW 30 million, KRW H 40 million, KRW 130 million, and KRW 30 million).

[Ground of recognition] Facts without dispute, Gap 1-6 evidence, Eul 1 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The insurance of this case asserted by the plaintiffs requires the payment of the death benefit in the event of the death as a direct result of the injury during the insurance period. Since the deceased died due to the injury occurred out of the apartment house (S and M in the Dong-si) of his residence, the Defendants are obliged to pay the death benefit according to the share of the deceased's heir to the plaintiffs, who are the beneficiary.

B. The deceased alleged as the Defendants committed suicide by themselves in a high-rise apartment, and thus, the Defendants do not have the duty to pay the insurance money.

3. Determination

A. According to the purport of the evidence No. 1 in E and the oral argument, the insurance of this case is paid to the beneficiary when the insured died as a direct result of the injury during the insurance period (except for the death caused by a disease). However, if the insured intentionally injures himself/herself, the insurance money shall not be paid. However, if the insured harms himself/herself under the condition that it is impossible to make a free decision due to a mental disorder, etc., the insurance money shall be paid.