Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 27, 2013, the Plaintiff, as the mother of the deceased B (hereinafter “the deceased”), concluded an undividend-based integrated insurance (1304) contract (hereinafter “instant insurance contract”) with the Defendant as the deceased’s and the deceased’s heir. According to the instant insurance contract, the Plaintiff agreed to pay KRW 100,000,000 of the general injury death benefit in the event the insured died as a direct result of injury during the insurance period.
B. Article 3 of the General Injury and Death Clause of the instant insurance contract provides that insurance money shall not be paid in the event a cause for the payment of insurance money arises due to an insured’s intentional act, but this provision does not apply to the case where the insured damages himself/herself in a state that he/she cannot make a free decision
(hereinafter “instant insurance terms and conditions”). C.
On November 13, 2013, the deceased died at around 03:40 on November 13, 2013, from the Mayang-si C Apartment 13 Emergency stairs to the ground, and around 04:20 on this day.
(hereinafter referred to as “instant accident”), . [Grounds for recognition] without dispute, Gap evidence 1, Gap evidence 4-1, 2, 4-7, Gap evidence 5-1 through 3, Eul evidence 5-3, and the purport of the whole pleadings.
2. The assertion and judgment
A. 1) The Plaintiff’s assertion 1) The Plaintiff’s assertion that he was unable to make a free decision due to depression, shock disorder, etc., and the death occurred from the 13th emergency stairs of the above apartment building. As such, Article 3 of the insurance clause of this case constitutes a case where the insured under Article 3 of the insurance clause of this case, who was unable to make a free decision due to a mental disorder, etc., was liable for the Defendant to pay the general injury death insurance money to the Plaintiff. 2) The Defendant’s assertion cannot be deemed to have committed suicide under the condition that the Defendant cannot make a free decision.