보험금
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The facts of recognition [1] On January 29, 2013, Plaintiff B entered into a new B-based accident insurance contract (hereinafter “instant insurance contract”) with the Defendant, which was determined by the heir of the insured C and the beneficiary (the heir of the beneficiary), with the insurance period of KRW 10 million, insurance period of KRW 80,000, insurance period of KRW 20,000, monthly premium of KRW 25,000, monthly premium of KRW 25,000, monthly premium of KRW 20
Paragraph 1 (d) of this case provides that the insured (person subject to insurance) shall pay insurance proceeds of KRW 100 million with general accident death insurance proceeds when he/she dies due to a disaster other than traffic accidents (including traffic accidents during the use of public transportation) during the insurance period.
Article 23 subparag. 1 of the General Terms and Conditions of the instant insurance contract provides that the insured shall not pay the insurance money if he/she intentionally injures himself/herself. However, if the insured causes death by damaging himself/herself in a situation where he/she is unable to make a free decision due to a mental disorder, etc., the general accident death insurance
Article 26 of the General Terms and Conditions of the instant insurance contract provides that the extinctive prescription is complete unless it is exercised within two years.
[2] C is a male male, and the same school student, etc. who was enrolled in the second grade of E Middle School, was subject to school violence.
C was killed on March 11, 2013, when he was in the first grade of F High School, on the 23th floor of apartment in Busan Metropolitan City.
The Plaintiffs are parents of the Deceased C.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, Eul evidence Nos. 3 and 6, and the purport of the whole pleadings.
2. Determination
A. The primary claim for insurance proceeds - The plaintiffs of the first party asserted that the deceased died due to an accident other than a traffic accident during the insurance period, the defendant asserts that the defendant is liable to pay 100 million won insurance proceeds and damages for delay to the plaintiffs.
The defendant intentionally damages himself by reason of exemption under Article 23 (1) of the General Terms and Conditions of the Insurance Contract of this case.