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(영문) 인천지방법원 2015.12.23 2015가단221254
보험금
Text

1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff concluded an insurance contract with the deceased as the insured as shown in the attached Form (hereinafter “instant insurance contract”) between the deceased B (hereinafter “the deceased”).

B. On June 2, 2013, the period of insurance of the instant insurance contract, around 21:50, the Deceased discovered that he/she died while playing a tent with the face of the vinyl 102 at the inside of his/her own residence, Eunpyeong-gu Seoul, Seoul, and Dara 102.

(hereinafter referred to as “instant accident”). C.

The Plaintiff, the only inheritor of the deceased, filed a claim with the Defendant for payment of KRW 100 million, which is the death insurance money based on the instant insurance contract, as the legal heir of the deceased, who is the beneficiary of the instant insurance

The main contents of the instant insurance contract are as follows.

Article 15 (Compensation for Non-Compensation) (1) The defendant company shall not pay for any damages arising from the following causes:

1) The insured's intentional act 2) the insured's intentional act 4) the insured's self-injury, suicide, attempted suicide, criminal act under the Criminal Code or act of violence 6) the insured's mental illness or mental illness 6) the insured's mental illness or mental illness / [founded ground]'s non-satisfy, Gap's evidence 1 through 5, Eul's evidence 1 (including some number of branches; hereinafter the same shall apply) and the purport of the whole arguments and arguments.

2. The parties' assertion

A. The Plaintiff’s instant accident constitutes an accident that constitutes an accident that is subject to the insurance payment of the instant insurance contract, inasmuch as it constitutes an ex officio accident that was caused by damage to himself/herself under the circumstances where he/she could not make a free decision, while he/she was living together with his/her mother and her fluencing with his/her fluencing with his/her fla

B. The Defendant deceased intentionally committed suicide while making a free decision, and even if the Deceased could not make a free decision.

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