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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal shall be all assessed against the principal lawsuit and counterclaim.
Reasons
1. The reasoning of the judgment of the court of first instance, which cited the judgment of the court of first instance, is the same as the reasoning of the judgment of the court of first instance, except where the following judgment is added
(The main text of Article 420 of the Civil Procedure Act). [Additional Judgment] The defendant asserts that, even in the trial, since the deceased committed suicide in a state that he could not make free decisions due to depression and alcohol problems, the plaintiff is obliged to pay 200 million won of the death benefit of the injury accident stipulated in the insurance contract of this case to the defendant.
The following facts are acknowledged according to the statement of Eul Nos. 2, 9, and 10 and the results of each entrustment of the appraisal of the medical records to the K Hospital Head of this Court (hereinafter "the results of the instant entrustment of the appraisal").
① On August 10, 2018, the Deceased stated that “the deceased will drink 2 to 3 soldiers a day” in the course of counseling with L of a psychiatrist.
② At the time of the instant accident, the Deceased’s symptoms were revealed to the extent that the degree of depression was serious and accompanied by it, such as disability in the area of water surface, decline in the speed of mental movement, apprehension, and decrease in recognition ability, and symptoms have deteriorated to the extent that the pain treatment alone was insufficient to lead a social life.
③ The sales revenue of a restaurant operated by the Deceased as of October 2018, in which the instant accident occurred, was not ordinarily carried out, such as KRW 1,057,00, which is less than half of the total sales revenue of KRW 5,732,00 in the previous month.
However, even according to the result of the instant appraisal commission, it is unreasonable to view that the deceased continuously expressed a suicide accident and caused suicide in a contingent way, and ③ the method of suicide of the deceased is not sufficient to measure the degree that the deceased cannot make a free decision due to his mental disorder.