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(영문) 서울고등법원 2018.04.19 2017나2053485
보험금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons why this Court stated in this part of the underlying facts are the same as the part on “1. Basic Facts” among the reasoning of the judgment of the first instance, and thus, it shall be cited in the summary under the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of the plaintiffs' assertion

A. At the time of the instant accident, the Deceased was sufficiently equipped with the window of the instant apartment, or was crashed due to lack of the surface of the water and did not commit suicide.

Therefore, it does not constitute "a failure to harm himself/herself," which is stated as the reason for exemption from the payment of insurance money under each of the terms and conditions of the insurance contract of this case (the father).

Even if the cause of death of the deceased is so-called suicide, since the deceased was administered in a very unstable mental and psychological situation at that time, it cannot be viewed that he was aware that he was dead of his own life in a normal mental state and that he was ending his life for this purpose.

Therefore, it constitutes “a failure to make a free decision due to defectiveness, etc.” as stated in the exception of the exemption clause of each of the instant insurance contracts.

(Defenses). (c)

Ultimately, the defendant should pay insurance proceeds under each of the insurance contracts of this case to either mother or the plaintiffs.

3. Determination

A. The issue may be judged according to the legal principles, empirical rules, etc. even if the appraisal method and standard Plaintiffs wish not to do so. Thus, the issue is judged in sequence based on the legal principles, evidence, and evidence rules (experience, etc.).

B. The insurer is responsible for proving the facts constituting the above reasons for exemption in order to exempt the insurer from liability for the payment of the insurance money if the contract of the first related legal doctrine regarding whether the deceased intentionally damaged himself/herself. In such cases, the insurer is obliged to provide objective evidence, such as a statement of intent to commit suicide.

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