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(영문) 서울중앙지방법원 2017.11.30 2016가단5054875
보험금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On August 19, 201, the network D (hereinafter “the network”) concluded the instant insurance contract with the Defendant and the monthly insurance premium of KRW 72,00, the deceased, the beneficiary’s statutory heir at the time of death, and the non-payment of KRW 200 million insurance money in the event of death (hereinafter “instant insurance contract”).

B. Article 15 of the General Terms and Conditions of the instant insurance contract (hereinafter “the instant insurance contract”) provides, “In the event that the insured dies as a direct result of an injury (any sudden and remote accident that occurred during the insurance period) during the insurance period, the amount of insurance coverage indicated in the insurance policy shall be paid to the beneficiary as a death insurance amount.” Article 17(1) of the said insurance contract provides, “The company shall not set off insurance money when the cause for the payment of insurance money occurs due to any of the following cases.” However, the insured’s intentional act on January 1, 200 provides, “In the event the insured has damaged himself/herself without free decision-making due to mental illness, etc., the insurance money shall be paid to him/her.”

C. On October 25, 2014, around 20:20, the Deceased, at the underground room of Songpa-gu, Songpa-gu, Seoul E and Dadong 103, sold a string with a string of white straw, and died on the same day at around 20:53 on the same day.

(hereinafter referred to as “instant accident”). 【No dispute exists, entry in Gap’s Evidence Nos. 1, 2, 3, 7, 9, 10 and Eul’s Evidence No. 3, and the purport of the whole pleadings.

2. The assertion and judgment

A. The plaintiffs asserted that they committed suicide at their home under the condition that they could not make free decisions due to the deceased's uncontrolled alcohol addiction, scarcity, and depression, and that this constitutes the death of bodily injury under the premise that this constitutes the death of bodily injury under the insurance contract of this case, the defendant constitutes each share of the insurance proceeds for bodily injury.

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