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(영문) 서울중앙지방법원 2020.09.08 2019가단5137344
보험금
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiff A is the father of the deceased D (hereinafter “the deceased”), and the mother of the deceased.

B. On May 12, 201, the Deceased and the Defendant entered into a “E” contract with the content that would be paid KRW 100 million upon the death of the deceased due to general injury during the insurance period (hereinafter “instant insurance contract”).

C. The terms and conditions of the instant insurance contract stipulate that “the insured shall not pay the insurance money when the cause for the payment of the insurance money occurred due to the intention of the insured, but the insured shall pay the insurance money if he/she damages himself/herself under the condition that he/she is unable to make a free decision, such as a defect in

On July 31, 2017, at around 06:00, the Deceased was found to have caused the string of steel with strings on the string tree in Seo-gu Incheon, Seo-gu, Incheon, and caused suicide (hereinafter “instant accident”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 11 (if there are additional numbers, including each number; hereinafter the same shall apply), Eul evidence Nos. 1 through 6, or the purport of the whole pleadings

2. The parties' assertion

A. At the time of death, the Plaintiffs committed suicide in a state that they could not make a free decision due to drinking, such as drinking five diseases in the week at the time of death.

Therefore, suicide of the deceased constitutes an exception to the exemption from the payment of insurance money under the terms of the insurance contract of this case, and the defendant is obligated to pay the insurance money of KRW 100 million to the plaintiffs, who are beneficiaries of the insurance contract of this case, according to the plaintiffs' inheritance shares (each 1/

B. The Defendant Deceased committed suicide and thus constitutes an intentional harm to his own, and at the time of the suicide, the Deceased was not in a situation in which he could not make a free decision, such as the defect.

Therefore, according to the terms and conditions of the instant insurance contract, the Defendant is exempted.

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