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(영문) 광주고등법원 2016.08.19 2016나10147
채무부존재확인
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal claim and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On October 8, 2012, Defendant A entered into an insurance contract described in attached Table 1(1) with the Plaintiff and the insured as C (hereinafter “instant insurance contract”).

B. Article 17(1)1 of the General Terms and Conditions of the instant insurance contract provides that insurance proceeds shall not be paid in cases where the insured intentionally injures himself/herself, but shall be paid in cases where the insured has damaged himself/herself under the circumstance that he/she is unable to make a free decision due to mental disorder, etc.

C. On January 30, 2015, around 10:10 on January 30, 2015, C was found from the side of the Seo-gu Officetel building in Gwangju-gu.

(hereinafter referred to as “the deceased”). D.

The Defendants are the parents of the deceased and the first-class co-inheritors.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 10, Eul evidence 5, the purport of the whole pleadings

2. In full view of the following facts and circumstances revealed by Gap's evidence Nos. 3, 4, 5, 7, and 15, Eul evidence Nos. 1, 2, 4, and 6 (including serial numbers), and Eul evidence Nos. 1, 2, 4, and 6 (including serial numbers), as a result of the on-site inspection by the court of this case, and the entire purport of the pleading, it is reasonable to view that the deceased committed suicide within the 10th floor window of the above Dtel, and therefore, the plaintiff was exempted from the duty to pay the death benefit due to the death of the deceased pursuant to Article 17 of the General Insurance Contract Terms and Conditions.

The window on the 10th floor of the Dtel, seen as a place where the Deceased was crashed (hereinafter “instant window”) is closed in the four-dimensional model. The size of the window is 16cm wide, 50cm long, about 83cm high from the floor, and the width of the window when the above window is opened to the maximum extent of 24cm wide.

B. At the time of the discovery of the Deceased, dust is emitted on the outer side of the building among the outer walls of the building between the 9th and the 10th floor, and the window of the window of the 9th floor.

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