The costs of appeal are assessed against the defendant.

1. As to the ground of appeal No. 1, unless the insured commits a suicide in a situation where it is impossible to make a free decision due to mental illness, etc., it constitutes the reason for exemption of the insurer as a matter of principle. Whether there was a death in a situation where it is impossible to make free decision due to mental illness, etc. as referred to in this context, shall be determined by comprehensively taking into account the age and character of the person who committed the suicide, the physical and mental psychological condition of the person who committed the suicide, the time and progress of the occurrence of mental illness, and the detailed conditions at the time of the occurrence of the mental illness, the surrounding circumstances surrounding the person who committed the suicide at the time of the suicide, the time and place of the suicide,

(See Supreme Court Decision 2009Da97772 Decided April 28, 201, etc.). In full view of the circumstances as indicated in its holding, the lower court determined that the instant accident constituted cases where the deceased caused death in a state where he/she cannot make free decisions due to mental illness, etc., by citing the first instance judgment, the lower court determined that the instant accident constituted cases where the deceased caused death in a state where he/she is unable to make free decisions due to mental illness, etc., by taking into account the following: (a) the judgment of the first instance court may decline in the state of extreme depression; and

The judgment below

Examining the reasoning in light of the above legal principles and the record, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, there were no errors of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or

2. As to the ground of appeal No. 2, the lower court cited the first instance judgment, and instead, based on internal causes such as depression of the deceased, the result of the death of the deceased was not based on internal causes such as depression of the deceased.