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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On November 9, 2006, Nonparty B entered into an insurance contract with the Defendant as the contractor and beneficiary B, the insured as the network C (hereinafter “the deceased”) (hereinafter “instant insurance contract”) (hereinafter “instant insurance contract”). On September 25, 2013, Nonparty B and the beneficiary of the instant insurance contract were replaced by the Plaintiff.
The main contents of the terms of the instant insurance contract are as follows.
Article 13 (Types of and Grounds for Payment of Subsidy Insurance Money) (1) A communications agency shall pay insurance money agreed upon to a beneficiary (beneficiary) when any of the following events occurs to a beneficiary (insured) during the insurance period:
3. General accident death insurance proceeds: When the accident as provided in attached Table 2 (Disaster Classification Table): Provided, That this shall not apply to the traffic accidents as provided in subparagraph 2; hereinafter referred to as "general accident") has been dead due to a direct reason.
4. General death insurance proceeds: A disaster listed in the following classification table shall mean an accident which occurs as a contingency (Provided, That if a person who has a disease or physical handicap suffers from a minor external factor or has aggravated symptoms thereof, the minor external factor shall not be considered as an contingent external accident) when he/she dies due to reasons other than a traffic accident or a general accident.
On August 13, 2014, the Deceased died due to suicide at the back of the first rest area in the Seocho-gu, Changwon-si, Seoul Special Metropolitan City on August 13, 2014
(hereinafter “instant accident.” The Plaintiff demanded the Defendant to pay KRW 20 million for the death of the deceased, but the Defendant paid only KRW 10 million for the general death benefit on the ground that the death of the deceased was not caused by a disaster.
2. The parties' assertion
A. The Plaintiff’s assertion is a mental illness from around December 2013.