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(영문) 대구지방법원 2018.10.17 2018나308281
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

1. Basic facts

A. Plaintiff A is the spouse of Plaintiff D, and Plaintiff B and C are children of Plaintiff A and D.

B. On March 30, 2012, D entered into an insurance contract with the Defendant and the insured, “D”, “from March 30, 2012 to March 30, 2070” with the insurance period “from March 30, 2012 to March 30, 2070,” and “non-distribution prodraf 1201 insurance contract with the beneficiary at the time of death of the insured as “legal inheritor” (hereinafter “instant insurance contract”).

The main contents of the above insurance contract are as follows:

◎ 주요 보장내용 담보명 보험가입금액 보장내용 상해사망(100세) 특약 10,000,000원 피보험자 사망 시 사망보험금 지급 상해사망(80세) 특약 90,000,000원 피보험자 사망 시 사망보험금 지급 ◎ 보험약관 주요 내용 상해사망 특별약관 제1조: 피보험자가 보험기간 중에 발생한 상해(보험기간 중에 발생한 급격하고도 우연한 외래의 사고로 신체에 입은 상해)의 직접결과로써 사망한 경우 상해사망보험금을 지급하여 드립니다.

Article 4 of the Special Terms and Conditions for Death and Article 18(1)1 of the General Terms and Conditions: In any of the following cases, the Company shall not be bound to pay insurance proceeds when any cause for the payment of insurance proceeds occurs:

The insured's intentional intent: Provided, That the insured has impaired himself/herself in a state that he/she is unable to make a free decision due to mental disorder, etc., he/she shall pay insurance proceeds.

C. D around January 13, 2017, at around 06:40, the apartment house living with the Plaintiffs died on the same day as D was administered from the window of the 17th floor elevator of the apartment house living together with the Plaintiffs.

hereinafter referred to as the "accident of this case"

(iii) [Ground of recognition] unsatisfy, A1, 3, 4, 5 (including each number; hereinafter the same shall apply).

- The purport of the whole pleadings

2. The plaintiffs' assertion D had been mentally inactive due to extreme depression at the time of the accident in this case, and was in an abnormal mental state so that it is impossible to make a normal judgment, and eventually, it was decided to commit suicide.

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