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(영문) 의정부지방법원고양지원 2016.08.12 2015가단80402
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B signed the instant insurance contract on March 29, 2010 with the Defendant who runs the insurance business and entered into a non-dividend social integration insurance contract (hereinafter “instant insurance contract”) with the content as indicated in the attached Table “the details of the purchase of insurance” (hereinafter “instant insurance contract”). The main contents of the said insurance contract are as follows.

-the terms and conditions of the Disaster Security Special Agreement (e.g., net type and type of refund) - [the insured events for which the insurance money is not paid] (1) The Company (Defendant) may terminate this Special Agreement at the same time as it does not cover insurance money when any cause for the payment of insurance money occurs due to any of the following cases:

1. Where an insured person has intentionally impaired himself/herself, but it shall not be proved that he/she has impaired himself/herself in a state that the insured person (the insured person) is unable to make a free decision due to mental illness, etc.;

(hereinafter “instant exemption clause”) b.

B around April 30, 2015, around 30, the Plaintiff committed suicide in a manner that inhales the bomb from the toilets of Seo-gu Incheon, Seo-gu, Incheon, 403, in which he was living, and the Plaintiff is the only legal heir with B’s friendship.

C. On June 4, 2015, the Defendant paid only KRW 40,000,000 to the Plaintiff with the general death insurance proceeds, as stipulated in the main contract of the instant insurance contract, and rejected payment of KRW 30,000,000 as stipulated in the special agreement for disaster security.

【Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 6, purport of the whole pleadings

2. Summary of the parties' arguments;

A. The Plaintiff B committed suicide in a state where free decision-making is restricted due to mental illness, such as depression, and thus, constitutes an exception to the exemption of this case.

Therefore, the defendant is obligated to pay to the plaintiff the insurance proceeds of KRW 30,000,000 according to the special agreement for accident security and damages for delay.

B. Defendant B committed suicide in a state of free decision-making. Thus, the exemption of this case is exceptional.

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