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(영문) 전주지방법원 2017.11.10 2016가단37664
보험금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs are the parents of the network C.

B. On April 30, 2015, Plaintiff B entered into an insurance contract with the Defendant and the Insured Party C, the legal heir of the beneficiary at the time of the death of the insured, the insurance period from April 30, 2015 to April 30, 2091, which is the insurance amount of 100,000,000 for the death of the injury.

The insurance terms and conditions of the above insurance contract include the following exemption clauses:

5. The reasons for not paying the insurance proceeds (1) The Company shall not pay the insurance proceeds when any of the following events occurs to cause the payment of the insurance proceeds:

(1) The insured has intentionally impaired himself/herself: Provided, That he/she shall be paid insurance proceeds when the insured has impaired himself/herself under the condition that it is unable to make a free decision due to mental disorder,

C. On April 1, 2016, at around 16:47, the net C fell and was discovered in the chemical team on the 19th floor, 101 Dong-dong 101-dong 7/8Ra (hereinafter “instant apartment”). Around April 1, 2016, the network C died in two structural frames due to the fall accident.

[Ground of recognition] entry of Gap 1 through 6, 11, 12 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs died due to an injury during the insurance period.

It is insufficient to have sufficient grounds to recognize that the deceased was crashed intentionally at the time of the accident.

Even if the deceased intentionally fell, the deceased was in a state without free decision-making ability.

Therefore, the defendant is obliged to pay 50 million won to the plaintiffs who are beneficiaries of insurance.

B. Defendant Deceased constitutes “a case of damaging himself by intention” as stipulated in the terms and conditions of insurance, and cannot be deemed as a situation in which free decision-making cannot be made at the time of the accident.

Therefore, it does not fall under the proviso of Article 5(1)1 of the Insurance Terms and Conditions.

3. Determination

(a) the Deceased has impaired his own will.

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