채무부존재확인
1. The Plaintiff (Counterclaim Defendant) KRW 16,66,66, and 66, respectively, to the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff) B, C, and D 11,11,00 won.
1. Facts of recognition;
A. On January 30, 2013, Defendant A entered into an insurance contract in the attached Table 1 (hereinafter “instant insurance contract”) with the Plaintiff.
B. Article 15 of the terms and conditions of the instant insurance contract provides, “The company shall pay the amount of insurance coverage of the terms and conditions indicated in the insurance policy (certificate of insurance) to the beneficiary for death, in the event that the insured dies as a result of a direct result of an injury during the insurance period.” Article 17(1) of the said terms and conditions provides, “The company shall not prevent insurance proceeds when any cause for the payment of insurance arises due to any of the following cases,” and Article 15(1)1 of the said terms and conditions provides, “The insured shall be intentional: Provided, That if the insured has impaired himself/herself under the condition that he/she cannot make a free decision due to bad faith, etc., the company shall pay insurance proceeds
C. On April 16, 2014, at around 09:00, the Deceased died in two complex aggregates by administering the 14th floor to the 1st floor parking lot of the Matel-si, Mapo-si, Mapo-si.
(hereinafter referred to as “instant accident”). [Ground of recognition] The fact that there is no dispute, entry of Gap 1 through 4, and the purport of the whole pleadings.
2. The Defendants asserted that the Plaintiff is obligated to pay the insurance money stipulated in the instant insurance contract to the Defendants, who are beneficiaries of the instant insurance contract, because they committed suicide but failed to make a free decision due to severe depression at the time, and thus, they do not fall under the grounds for exemption of the insurer, and that the Plaintiff is not obliged to pay the insurance money to the Defendants, who are beneficiaries of the instant insurance contract. Accordingly, the instant accident cannot be deemed to have occurred in a situation where free decision making is impossible.
3. Determination
A. If the insured commits suicide, it cannot be freely decided due to mental illness, etc.