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(영문) 창원지방법원 2019.05.30 2018나52164
보험금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is that “ August 2, 2016” in the second sentence from the fourth bottom of the judgment of the court of first instance is “ August 4, 2016.” In addition, “the following additional judgment” is the same as the ground of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. On June 27, 2016, the deceased’s summary of the grounds for appeal by the Defendant did not receive any treatment before reaching the instant accident after receiving a outpatient treatment from the N Hospital to the KN Hospital with alcohol respect, and did not show any symptoms as far as the instant accident occurred immediately before reaching the instant accident.

Therefore, at the time of the instant accident, the depression of the deceased significantly aggravated.

It is difficult to see that the suicide of the deceased was conducted in a state where it is impossible to make free decisions due to mental illness, etc.

B. In light of the record of No. 14 (N Hospital Medical Records) and the fact-finding results with respect to the N Hospital of the first instance court, the deceased was provided counseling treatment or prescribed several times before the occurrence of the instant accident even after June 27, 2016, and the deceased was hospitalized at the N Hospital on August 2, 2016, and the deceased was unable to take care of, and consulted with, the issue of whether the deceased visited the N Hospital on the same day to use drugs additionally or arbitrarily, and continue drinking together with drugs, and the doctor in charge of N Hospital recommended hospitalization to directly verify the condition of the deceased.

According to the above facts, the deceased continued to suffer from depression, the degree of suicide has deepened, and the use of drugs also appeared to have serious problems. In light of these circumstances, the deceased at the time of the accident in this case, decision-making free of all due to mental illness, etc.

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