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All of the plaintiffs' claims are dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
Reasons
1. Basic facts
A. On April 29, 2010, C entered into a family love insurance contract (hereinafter “instant insurance contract”) in which the insured person C, a beneficiary of death insurance proceeds, a legal heir, and a beneficiary of the insurance period from April 29, 2010 to April 29, 2045, with the payment of the insurance period from April 29, 2010 to April 29, 2010. According to the instant insurance contract, KRW 50 million is paid as the insurance amount “where the insured person dies as a direct result of a general injury during the insurance period.”
B. At around 17:10 on February 1, 2015, C rejected the return of the down payment from E Emart in Yang-si, both Empt operator, and F, who was disputing the issue of the return of the down payment between F and F, the said Emart operator, was locked the door of the Emart office, flammable materials inside the office and the body of his/her body, and put a fire into a paper. Accordingly, C (hereinafter “the deceased”) died from a fire on that spot.
(hereinafter referred to as “instant accident”). C.
The husband of the deceased is the plaintiff A and his children G and the plaintiff B.
Meanwhile, Article 17(1)1 of the terms and conditions of the instant insurance contract provides that “the insured (person subject to insurance) shall be intentional on the ground that he/she does not pay the insurance proceeds, but if the insured (person subject to insurance) damages himself/herself in the absence of free decision-making due to mental disorder, etc., the insurance proceeds shall be paid to him/her.”
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings
2. The plaintiffs asserted that the insured of the insurance contract of this case died due to the accident of this case, and the defendant as the beneficiary of the insurance contract of this case as the beneficiary of the insurance contract of this case as the legal heir of the deceased [the plaintiff A is 21,428,571 won (=50 million won) x 3/71 won.