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(영문) 서울중앙지방법원 2018.02.27 2017가단5154956
보험금
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On January 14, 2013, the network E (hereinafter “the deceased”) entered into an insurance contract “non-dividend Samsung F&M Health Insurance Masterschee (1206.2)” with the insured between the Defendant and the deceased, the beneficiary of the death insurance, the statutory heir, and the insurance period up to 43 years (by the age of 100) (hereinafter “instant insurance”). The instant insurance guarantees that KRW 100 million should be paid in cases where the insured died due to an injury.

B. On March 4, 2017, the Deceased was found by the husband of the Plaintiff, who returned to the 119 rescue unit, and was sent back to the Soyang University Hospital by the 18:30 rescue unit on the same day, at his own house of the Deceased on March 4, 2017.

C. Article 17 of the Insurance Terms and Conditions of the instant case provides for “the insured’s intent” on the ground that the insured does not pay the insurance proceeds, and “if the insured has impaired himself/herself without free decision-making due to mental disorder, etc., the insured shall pay the insurance proceeds.”

As a legal inheritor of the deceased, there are Plaintiff B, Plaintiff C, and Plaintiff D, who are her husband and children.

[Ground of recognition] Evidence Nos. 1 through 5, Evidence Nos. 8, 9, Evidence Nos. 13 and 14 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The alleged plaintiffs asserts that the death of the deceased constitutes "where he/she damages himself/herself in a state where he/she is unable to make a free decision," as stipulated in the terms and conditions of the insurance of this case, the defendant should pay KRW 100 million of the death

B. In light of the legal principle of judgment 1 and Articles 659(1) and 732-2 of the Commercial Act, in the event that an insurance contract covering death as an insured event provides suicide as the grounds for the insurer’s exemption, the deceased’s suicide is himself.

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