A. On November 30, 2009, on the deceased B (hereinafter “the Deceased”) entered into an insurance contract with the Defendant and the insured with the Deceased and the beneficiary as the Deceased and the Plaintiff (the Deceased’s mother).

At the time of the contract, the deceased added the "special agreement for death in a disaster" to the main contract.

B. According to the terms and conditions of the special agreement for the death of a disaster, in the event the insured dies due to a disaster that occurred during the insurance period (e.g., an accident that happens), 50 million won is required to pay the insurance proceeds for death of a disaster.

(Article 10(1). According to Article 12(1)1 of the Terms and Conditions, if the insured intentionally damages himself/herself, insurance money shall not be paid, but if it is proved that the insured has damaged himself/herself in a state that he/she cannot make a free decision due to mental illness, etc., it shall not be so.

C. From May 2010, the Deceased had been performing three times of surgery with gregrosis and adjacent type, and after undergoing the operation, the Deceased was suffering from tidal disease, etc., and suicide was discovered in D apartment located in Gwangjin-gu Seoul Special Metropolitan City around March 26, 2014, and around 08:35 of the same day, the Deceased fell on the roof of the apartment entrance.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 3 and 4, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The plaintiff asserts that suicide of the deceased constitutes an insurance accident, since the deceased could not freely make a decision due to mental illness such as a man's illness.

In this regard, the defendant asserts that suicide does not constitute a contingency accident, which is the cause of payment of insurance money, and that it constitutes a case where the insured intentionally damages himself/herself.

Since the deceased had been able to make a free decision due to a significant favorable condition through tending treatment, it would not be able to make a marriage and would not be pregnant.