Of the part on the principal lawsuit and the part on the counterclaim of the lower judgment, the part against the Plaintiff (Counterclaim Defendant) shall be reversed.

The grounds of appeal are examined.

1. As to the grounds of appeal Nos. 1 and 2, the lower court, based on its stated reasoning, determined that the death of the deceased, who is the insured of the instant insurance contract, caused death in a state where he/she could not make free decisions due to serious mental illness, etc., and thus, cannot be deemed to constitute “damage caused by the insured’s intentional act”, which is the grounds of exemption stipulated in the instant terms and conditions.

Examining the record in light of the relevant legal principles, the aforementioned determination by the lower court is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the insured’s intentional act, which is an exemption from liability stipulated in the instant terms and conditions, by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules,

2. Where Article 3 of the Reasons for Appeal provides for suicide in an insurance contract which covers the death as an insured event as an exemption of the insurer’s liability, the suicide refers to an act of causing death by intentionally cutting his/her own life for the purpose of the accident and intentionally cutting his/her own life for the purpose, and it does not include the case where the insured caused death in a situation where it is impossible to make free decisions due to mental illness, etc.

If the act of direct cause which caused death in a situation where the insured is unable to make a free decision is caused by the ex officio factor, the death is a contingent accident that is not caused by the insured's intention and constitutes death.

However, the terms and conditions of this case stipulate the mental illness of the insured as an independent reason for exemption from the suicide of the insured.