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(영문) 광주지방법원순천지원 2020.11.11 2020가단73058

보험금

Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. On October 1, 2014, the network D (hereinafter “the deceased”) concluded an insurance contract with the Defendant, “The Deceased: the Deceased, the beneficiary of death insurance: the statutory heir, and the general injury insurance amount: 200 million won.”

(hereinafter “instant insurance contract”). B.

Article 5(1)1 of the Terms and Conditions of the instant insurance contract provides that, where the insured intentionally injures himself/herself, insurance proceeds shall not be paid even if any cause for the payment of insurance proceeds arises. Provided, That the payment of insurance proceeds shall be made where the insured has impaired himself/herself under a condition that he/she

(hereinafter “instant exemption clause”) C.

On December 20, 2018, the Deceased died by hanging a tree on a boomed boom at a small room where 5:00 the decedent was living. D.

As a legal inheritor of the deceased, there are the plaintiffs and non-party E.

[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, Eul 9 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs asserted that the insured events in this case occurred in a situation where the deceased's ability to make a free decision was deteriorated due to defectiveness, and thus, the defendant is obligated to pay the insurance money and damages for delay to the plaintiffs at the respective inheritance share ratio. Accordingly, the defendant asserted that the accident in this case was exempted from the obligation to pay the insurance money pursuant to the exemption clause in this case since the accident in this case was caused by the deceased's intentional act.

B. In principle, if the insured committed suicide, it constitutes grounds for exemption of the insurer’s 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

The mental illness mentioned above is free.