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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
[Claim]
Reasons
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, except for the Plaintiff’s assertion emphasized or added by this court, and all of the grounds of the judgment of the court of first instance are same as that of the court of first instance. Thus, it is acceptable as it is
2. Additional determination
A. The Defendant’s assertion C was not in a state of mental disorder that could not freely decide on his/her own opinion, since the existence of depression and alcohol was not serious at the time of death, and the health was significantly improved.
Therefore, the deceased C was committed suicide according to his will and constitutes an exemption from the payment of insurance money under the ordinary terms and conditions, and cannot respond to the plaintiff's claim seeking the payment of insurance money under the insurance contract of this case on a different premise.
B. Determination 1) According to the terms and conditions of the instant insurance contract, if the insured was to commit a suicide, it constitutes grounds for exemption of the insurer, in principle, unless it does not correspond to cases where the result of the death was caused in a situation that is unable to make a free decision due to mental illness, etc. The issue of whether there was a death in a situation that is unable to make a free decision due to mental illness, etc. here shall be determined by comprehensively taking into account the age and character of the person who committed the suicide, the physical and mental psychological condition of the person who committed the suicide, the outbreak time and progress of the mental illness, and the specific conditions at the time of the suicide, the surrounding circumstances surrounding the person who committed the suicide at the time of the suicide, the behavior of the person who committed the suicide at the time of the suicide, the time and place of the suicide, and the motive, details and manner of the suicide, etc. (see, e.g., Supreme Court Decision 2009Da9772, Apr. 28, 2011).