보험금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the judgment of the court of first instance, other than the following, is the same as the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the text of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The Defendant asserts that: (a) The instant traffic accident falls under “disaster” as defined in the General Insurance Terms and Conditions (hereinafter “General Insurance Terms and Conditions”); (b) the instant traffic accident and the death of the deceased involved in other factors such as “suicide” between the traffic accident and the death of the deceased; (c) the deceased cannot be deemed to have died due to any contingent accident; (d) however, the deceased’s suicide can only be subject to the payment of insurance proceeds (100% payment rate) equivalent to “Death caused by a disaster other than traffic disaster” under the proviso of Article 12(1)1 of the General Insurance Terms and Conditions (Article 12(1)1 of the General Insurance Terms and Conditions.
However, the Plaintiff asserts that the deceased died due to the instant traffic accident is an insured accident, and claims for the payment of the death insurance money stipulated in ordinary insurance clauses and the traffic accident special agreement (hereinafter “traffic accident special agreement”) among the instant insurance clauses. It is clear that the Plaintiff’s ground for the payment of the insurance money claimed by the deceased is “the deceased’s suicide,” not “the deceased’s death due to the instant traffic accident.”
The issue of whether the Plaintiff’s ground for the payment of insurance proceeds is determined depending on whether proximate causal relation exists between the instant traffic accident and the death of the deceased, which constitutes a traffic accident, and whether it can be acknowledged even considering the factors such as “suicide.”
The nature of the instant traffic accident cannot be denied on the ground that it caused a new factor such as “suicide” after the instant traffic accident, and the Plaintiff’s assertion.