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(영문) 서울고등법원 2020.03.26 2019나2018646
보험금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

The court's explanation on this part is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except for adding "the death" (hereinafter "the accident of this case") to "the death" in Section 5, Section 20 of the judgment of the court of first instance (hereinafter "the accident of this case"), and therefore, this part of the judgment of the court of first instance is cited, including the abbreviation, under the main sentence

The summary of the plaintiffs' assertion that the deceased went to the 11th floor emergency stairs of Seoul Office in order to reach a depression caused by occupational stress, and did not commit suicide merely due to gross negligence, and it does not constitute suicide. The deceased's death does not constitute "the case where the insured intentionally injures himself/herself," which is the insurer's exemption from liability under the terms and conditions of each insurance contract of this case (Chapter 1). Even if the deceased committed suicide, the Defendants (Defendant D, E, F, and G) who are the insurer of the organization insurance of public officials (the insured) did not clearly and explain the above exemption from liability, which is the important content of the insurance contract, to the deceased, at the time of entering into the insurance contract. Therefore, the above exemption from liability cannot be asserted as the content of the insurance contract.

(2) The Deceased’s death constitutes an exception to the insurer’s exemption under each insurance contract of this case, which is a reason for the exemption of the insurer’s liability under each of the terms and conditions of each of the instant insurance contracts, where the insured damages himself/herself in the absence of free decision-making due to extreme occupational stress at the time of the instant accident.

(Third State Chapter). Accordingly, the Defendants are obliged to pay the Plaintiffs death benefit, such as the written purport of the claim.

Judgment

In light of the following circumstances that are acknowledged by comprehensively considering the evidence and the overall purport of the arguments in each statement in Gap evidence Nos. 31 and 35 prior to the judgment on the first claim, it is deemed that the deceased fell from the 11th floor emergency stairs of the Seoul Metropolitan Government Office due to gross negligence.

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