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(영문) 부산지방법원 2017.11.17 2015가단225451
보험금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit are five-minutes, and one is the plaintiff, and the remainder is the defendant, respectively.

Reasons

1. Basic facts

A. The Plaintiff entered into an insurance contract with the Defendant, an insurance company, listed in the separate sheet (hereinafter “instant insurance contract”).

[The insured Party B (hereinafter referred to as “the deceased”)]

B) The Plaintiff’s child is the Plaintiff’s child.

On December 28, 2014, around 01:50 on December 28, 2014, the Deceased died due to damage to both parts and parts of the body by setting up the front door of the 12th floor, the 17th floor C apartment, the 17th floor Bra, on the roof of the 12th floor guard room.

(hereinafter referred to as “instant accident”). C.

On February 24, 2015, the Plaintiff filed a claim against the Defendant for insurance proceeds based on the instant insurance contract, but the Defendant refused to pay general death insurance proceeds and accident death insurance proceeds on the ground that it constitutes a case in which the Deceased’s free decision-making is possible.

Article 23 subparag. 1 of the Terms and Conditions of the instant insurance contract provides that “the insured intentionally injures himself/herself” constitutes an insured incident that does not pay the insurance proceeds: Provided, That where the insured has harmed himself/herself while he/she is unable to make a free decision due to a mental disorder, etc., the insurance proceeds for death of a disaster shall be paid only during the period prior to the commencement of the pension, and where the insured commits suicide after the lapse of two years from the date of commencement of the contract, the general death insurance proceeds shall be paid only during

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 and 5, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident resulted in the death of the deceased by damaging himself/herself in a situation where the deceased cannot make a free decision due to a mental disorder, etc. Therefore, the Defendant is liable to pay 12,000,000 won of the disaster death insurance proceeds and damages for delay thereof to the Plaintiff, who is a beneficiary of the instant insurance contract.

B. The defendant's assertion.

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