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(영문) 대구지방법원포항지원 2020.11.03 2019가단107287
보험금
Text

The plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Case summary and judgment

A. The facts following the summary of the case are either in dispute between the parties or in each description or image of Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including, if any, a serial number; hereinafter the same shall apply).

1) On July 22, 2019, Plaintiff A is deceased E (FFF; hereinafter “the deceased”).

(2) On January 17, 2017, when the insured died due to an injury, the Defendant shall pay KRW 1,00,000 per month to the deceased’s heir for ten years, on condition that the Plaintiff B and C are the husband of the deceased, and that the deceased (insured concurrently as the policyholder) and the Defendant agreed to the reasons stated in the attached Table 1, which did not pay the insurance money.

3) On July 22, 2019, the Deceased’s suicide was cut down on the H reservoir located in the north-gu G at the port of port on July 22, 2019, and was found to be the body of the deceased on the same day. (B) As seen earlier, the Deceased committed suicide on July 22, 2019. Unless there are special circumstances, the Deceased’s suicide constitutes “the case where the Insured intentionally injures himself.” Accordingly, the Deceased’s suicide constitutes “a case where he damages himself under the condition that he cannot make a free decision due to defect, etc.” (i.e., the exemption from the exemption from the payment of the insurance money under the instant insurance contract.)

2. In light of the legislative intent of Articles 659(1) and 732-2 of the Commercial Act, where the death of an insurance contract which covers the death as an insured event provides for suicide as an exemption of the insurer’s liability, the suicide refers to the act of the deceased by intentionally cutting his/her own life for the purpose of the death and causing the result of the death, and the insured cannot make a free decision due to mental illness, etc.

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