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(영문) 광주지방법원 2015.09.16 2015가단507657
보험금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. B entered into an insurance contract with the Defendant on March 18, 2004, which requires that the insured shall be paid KRW 50 million upon the death of the beneficiary by determining the type of insurance period B, the type of insurance period, and the beneficiary as the inheritor, and that the amount of KRW 100 million shall be additionally paid upon the death of the disaster by a special agreement.

B. Article 23 of the terms and conditions of the contract of a main contract of the above insurance contract provides that the insured shall not pay insurance money if he/she intentionally injures himself/herself in the state of mental illness, and if he/she commits suicide or injures himself/herself after two years from the date of commencement of liability, and thereby becomes disabled, the insurance money shall be paid exceptionally. Article 10 of the terms and conditions of the contract of the above special contract provides that the insurance money agreed upon shall be paid if he/she dies due to a disaster during the insurance period. Article 15 of the terms and conditions

C. B, around 2:00 on June 3, 2012, on the apartment in Busan Shipping Daegu C, committed suicide by hanging trees.

The plaintiff is the only heir as the spouse B.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3 (including branch numbers in case of additional number), Eul evidence 1, the purport of the whole pleadings

2. Although it is apparent that a suicide does not constitute a disaster. However, it is reasonable to view that Article 23 of the Clause of the above insurance contract applies to the above special agreement pursuant to Article 15 of the Clause of the above special agreement. In order to interpret Article 10 of the Clause of the above special agreement and Article 23 of the Clause of the above main contract harmoniously, it is reasonable to view that the special agreement constitutes a cause for the payment of insurance money under the above special agreement in case where it damages himself in the state of mental illness or commits suicide after two

Therefore, there is no evidence to acknowledge that the suicide was committed in the state of mental illness B.

However, this insurance contract.

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