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(영문) 서울중앙지방법원 2015.10.29 2015가단8207
보험금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

(b) Where the insured has impaired himself/herself with mental illness, and where he/she has committed suicide after two years from the date of commencing the responsibility of the special agreement (in cases of an inevitable contract, the date of applying for reinstatement), or where he/she has become a disability of class I in the disability classification table due to damage to himself/herself;

The term "disaster classification table" in attached Table 1 means an accident that occurs in a contingent external accident (Provided, That where a person who has a disease or physical handicap suffers from a minor external accident or has aggravated symptoms, the minor external accident shall not be deemed an contingent external accident) and is in accordance with the following classification:

* This Classification is made by “the person who was suffering from disease or who died” in the Fourth amended Korean Standard Disease Classification (No. 2002-1, January 1, 2003 of the Statistics Korea Notice No. 2002-1, January 1, 2003) (hereinafter omitted).

B. On February 25, 2009, around 10:44, the Deceased was sent to the sea near the Youngdae-gu Incheon Youngdong (Airport 12.3km) in order to commit suicide (hereinafter “instant accident”). On February 25, 2009, the deceased was the heir, Plaintiff B, C, and D, who is the spouse.

C. On April 27, 2009, Plaintiff A claimed insurance proceeds from the instant accident on behalf of the inheritor. On April 30, 2009, the Defendant paid KRW 48,637,492, which deducts KRW 1,362,50,000,00,000, based on the main contract and regular special agreement among the instant insurance contracts, from the principal insurance proceeds under the main contract and regular special agreement.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Gap evidence No. 7, 8, Eul evidence No. 9 through 11, the purport of the whole pleadings

2. Judgment on the primary claim

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