logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.04.06 2015가합207345
채무부존재확인
Text

With respect to the death of the deceased B, the ordinary injury and death insurance money for the defendant based on the insurance contract stated in the attached Form.

Reasons

Basic Facts

On December 17, 2012, the Plaintiff concluded an insurance contract (hereinafter “instant insurance contract”) with the Defendant as the insured on December 17, 2012, as shown in the [Attachment], and entered into the insurance contract (hereinafter “instant insurance contract”).

망인은 2015. 10. 11. 06:30경 대구 수성구 C에 있는 D(식당) 뒤편 배드민턴장 부근 높이 약 3m의 벚나무에 목을 매 숨진 상태로 발견되었고(추정 사망시간: 2015. 10. 11. 05:00 ~ 06:00경), 사망원인은 ‘자의(自意)에 의한 목맴’으로 밝혀졌다.

The defendant is the deceased's spouse who is the beneficiary of the insurance contract of this case, and after the deceased's death, claims the plaintiff to pay the general injury death insurance money under the insurance contract of this case.

Article 1 of the General Terms and Conditions of the Insurance Contract of this case provides that "if the insured was injured under Article 17 (Types of and Grounds for Payment of Insurance Money) subparagraph 1 of the General Terms and Conditions of the Insurance Contract of this case and died as a result thereof directly (excluding death caused by illness), the beneficiary shall be paid the total amount of the insurance amount of this Special Terms and Conditions as the death insurance amount." Article 19 (1) 1 of the General Terms and Conditions of the Insurance Contract of this case provides that "When a cause for payment of insurance money occurs due to the intention of the insured (person subject to insurance), the insurance amount shall not be covered: Provided, That where the insured (person subject to insurance) damages himself/herself under the condition that he/she cannot make a free decision due to mental disorder, etc.

[Ground of recognition] In the absence of dispute, each of the statements and images of Gap 1 through 5 (including virtual numbers), and the purport of the entire pleadings, the gist of the plaintiff's assertion was suicide, and thus, the exemption clause on the payment of insurance money applies to the case where the insured intentionally damaged himself.

Therefore, there is no obligation to pay insurance money based on the insurance contract of this case against the defendant.

arrow