1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The deceased C (hereinafter “the deceased”) concluded a D insurance contract on February 4, 2013, which was concluded on May 30, 2013 (hereinafter “each of the instant insurance contracts”) with Defendant, an insurance company, as the insured, as the beneficiary, as the statutory heir upon the death of the insured, and concluded the E insurance contract on May 30, 2013.

B. Upon entering into each of the instant insurance contracts, the Deceased subscribed to the General Injury Death Clause by setting the amount of insurance coverage as KRW 100 million, and according to this, if the Insured died as a direct result of physical injury suffered due to a sudden and unexpected accident that occurred during the insurance period, the Deceased is obliged to pay the amount of insurance coverage to the beneficiary with the death insurance.

In addition, Article 20(1) of the General Terms and Conditions applicable to each of the instant insurance contracts provides that “The Company shall not prevent insurance proceeds when any cause for the payment of insurance proceeds occurs due to any of the following cases,” and subparagraph 1 thereof provides that “the insured (person subject to insurance) shall be intentional: Provided, That where the insured (person subject to insurance) harms himself/herself in a state that he/she cannot make a free decision due to mental disorder, etc., the Insurance proceeds shall be paid.”

C. On February 11, 2016, the Deceased committed suicide by avoiding a bundance within one’s own car parked in the vicinity of the restaurant called “G” located in Pyeongtaek-si F, which he operated.

[Reasons for Recognition] Facts without dispute, Gap 1-3 evidence (where there are several numbers in documentary evidence, the indication is omitted; hereinafter the same shall apply), Eul 1-2 evidence, and the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff committed suicide by the deceased, but it was not possible to make a free decision due to mental disorder caused by depression. Thus, the defendant is a beneficiary of the general injury death insurance under each of the insurance contracts of this case, as a beneficiary of the plaintiff, as a beneficiary of the general injury death insurance contract of this case.