2015Da34956, Confirmation of the existence of an obligation

2015Da34963 (Counterclaim Insurance Money)

person

Hyundai Maritime Fire Insurance Corporation

A

Busan High Court Decision 2014Na6824 (Main Office), 2014Na6831 decided May 12, 2015

(Counterclaim)Judgment;

October 15, 2015

The part of the lower judgment against the Plaintiff (Counterclaim Defendant) among the part on the principal lawsuit and the part on the counterclaim is reversed, and that part of the case is remanded to the Busan High Court.

The grounds of appeal are examined.

1. As to the grounds of appeal Nos. 1 and 2

The lower court, based on its stated reasoning, determined that the deceased, who is the insured of the instant insurance contract, died of her own neck by themselves, constitutes a case where the result of death occurred in a state where free decision-making cannot be made due to serious mental illness, etc., and thus, cannot be deemed as a "damage caused by the insured's intentional act, which is the reason for exemption stipulated in the instant terms

Examining the record in light of the relevant legal principles, the aforementioned determination by the lower court is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the insured’s intentional act, which is an exemption from liability stipulated in the instant terms and conditions, by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules,

2. Where the provision on the ground of appeal No. 3 provides for suicide as an insurer’s exemption from an insurance contract which covers the death of the insured as an insured event, the suicide refers to an act of causing death by intentionally cutting his/her own life for its purpose and intentionally cutting his/her life for the purpose. It does not include cases where the insured is unable to make free decision due to mental illness, etc. If the direct cause of death occurred due to external factors, such death may constitute an insured accident, which is not caused by the insured’s intentional act. However, this case’s provision provides that the insured’s mental illness as an independent exemption from the insured’s suicide. The purport of this exemption is to maintain the insured’s mental disease as an insured person’s intentional act or the insured’s ability to recognize it as a mental illness, and thus, to exclude damage caused by the increased risk from the insurance protection subject to the insurance policy. Since the risks taken over from the insurance policy may otherwise be determined differently, and thus, it cannot be deemed that the insured’s exemption from liability is null and void by the judgment of the court below.

3. Conclusion

Therefore, the part of the judgment below against the plaintiff among the part on the principal lawsuit and the part on the counterclaim is reversed, and that part of the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

The presiding judge shall keep the record of the Justice

Justices Kim Yong-deok

Chief Justice Park Jong-young

Justices Kim Jae-han