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(영문) 서울중앙지방법원 2017.11.24 2016가단5021769
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. On July 12, 2005, D (hereinafter “the deceased”) entered and worked with the Seoul Gangnam-gu Post Office E that applied for Seoul Post, and entered into a post office organization security insurance (hereinafter “instant insurance”). The main contents of the instant insurance contract are as follows.

Article 3 (Grounds for Payment of Insurance Money) A communications agency shall pay an insured worker the agreed insurance money if any of the following causes occurs:

1. When he/she dies during the insurance period: A communications agency under Article 5 (Grounds for Not Payment of Insurance Money) shall not pay the insurance money when any of the following events occurs:

1. Where the insured has intentionally impaired himself/herself: Provided, That where the insured has impaired himself/herself under a condition that he/she is unable to make a free decision due to mental disorder, etc., he/she shall pay the relevant insurance money when any ground for paying insurance

[Attachment Table 1] The amount of a death insurance payment table (based on the amount of insurance coverage 10 million won): 10 million won

B. On September 13, 2015, the Deceased was found to have avoided bomb and died at a small room located in Seongbuk-gu, Sungnam-gu, Sungnam-gu, Sungnam-si on September 13, 2015.

C. The plaintiff A is the deceased's wife, and the plaintiff B and C are the children of the deceased.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 8 and 9, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiffs asserted that the insured of the insurance contract of this case died after suicide in a state that is unable to make a free decision due to stress, alcohol addiction, depression, etc. caused by the poor working environment of the deceased, who is the insured of the insurance contract of this case. Thus, the defendant is liable to pay the death insurance money as stipulated in the insurance contract of this case to the plaintiffs.

As to this, the defendant shall be free from the time of death.

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