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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 20, 2006, the deceased B (hereinafter “the deceased”) and the deceased entered into an insurance contract with the Defendant “Type B of Undividend Preliminary Life Design 2” (hereinafter “instant insurance contract”) with the policyholder, the deceased (legal heir at the time of death), and the insurance period from January 20, 2006 to January 20, 2057.
[Special Terms and Conditions for Guarantee of Unpaid Disaster Death] Article 9 (Types and Grounds for Payment of Insurance Money) Company shall pay to the beneficiary the total amount of insurance proceeds covered by the contract when the insured becomes a disability of which the total sum of physical parts due to the same disaster in the table of death or disability classification is at least 80% due to the same disaster.
Article 11 (Insurance Accidents for which No Insurance Money is Paid) (1) The Company may terminate this special agreement at the same time with the payment of insurance money if any of the following events occurs to cause the payment of insurance money:
1. The case where the insured has intentionally impaired himself/herself, but it shall not be the case where it is proved that he/she has impaired himself/herself while he/she cannot make a free decision due to mental illness;
B. The main contents of the special terms and conditions for guaranteeing unpaid dividends included in the instant insurance contract are as follows.
C. On November 1, 2011, the Deceased fell and died in No. 202, 1104, and around November 1, 201, the Chungcheongnambuk-gun, the C Apartment, 202, 1104.
(hereinafter “instant accident”). D.
The plaintiff is the father of the deceased, who is a legal inheritor.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Summary of the parties' arguments;
A. At the time of the instant accident, the Plaintiff felled in the apartment beeas and died under the circumstance that the Deceased was unable to make a free decision without a extreme and unstable psychological condition.