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(영문) 서울중앙지방법원 2017.08.08 2016가단5202209
보험금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On January 22, 2014, Plaintiff A and the Defendant entered into an integrated insurance contract for Samsung Bio-resources, which determined the death insurance amount as KRW 70 million (the main insurance amount of KRW 40 million plus KRW 30 million), as the heir of the insured, and the beneficiary of death in the case of Plaintiff C’s death.

(hereinafter “instant insurance contract”). (b)

C (hereinafter referred to as “the deceased”) died on November 30, 2014 by being projected from the stairs window of 101, 15th, Dongpo-si, Kimpo-si, Kimpo-si, Gapo-si, Kimpo-si, 100:30.

C. The plaintiff A is the deceased's wife, and the plaintiff B is the deceased's child.

Meanwhile, Article 21 of the terms and conditions of the instant insurance contract provides that “the defendant shall not pay insurance money if the insured intentionally injures himself/herself: Provided, That the insured is unable to make a free decision due to mental disorder, etc., and thereby causes death, the death insurance money shall be paid.”

[Grounds for Recognition: Facts without dispute, Gap 1-3 evidence, Gap 5-1, Gap 13 evidence, Eul 2-2, Eul 3-2, the purport of the whole pleadings]

2. The party's assertion and judgment

A. (1) The Plaintiffs’ assertion (1) was caused by depression, mental illness, and alcohol addiction, which led to death in a state where free decision-making cannot be made. Therefore, the Defendant is obliged to pay the death benefit to the Plaintiffs, who are beneficiaries of the insurance policy.

(2) The Defendant’s assertion falls under a case where the deceased intentionally damaged himself, and the Defendant is not obligated to pay insurance money pursuant to Article 21 of the terms and conditions of the instant insurance contract, and the deceased’s death cannot be deemed as having reached the death without free decision-making due to mental disorder,

B. (1) In light of the legislative intent of Articles 659(1) and 732-2 of the Commercial Act, suicide is stipulated in an insurance contract covering death as an insured event as an insurer’s exemption from liability.

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