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1. The Defendant: (a) KRW 20,000,000 for each of the Plaintiffs and 6% per annum from June 4, 2016 to May 26, 2017; and (b).
Reasons
1. Facts of recognition;
A. On January 14, 2015, the deceased C (D; hereinafter “the deceased”) concluded a non-distribution smart base de facto new insurance contract (hereinafter “instant insurance contract”) with the Defendant, an insurance company, as follows.
- Insured - The Deceased’s Insurance Period: From January 14, 2015 to life-the beneficiary at the time of death: the inheritor - Major coverage content: the deceased’s death insurance amount of KRW 40,000,000 if the insured died during the insurance period (life):
B. On April 25, 2015, the Deceased was found to fall and die in the e-household 24 Dong 302 at Kimpo-si, Kimpo-si, the residence of which was located, around 06:55.
(hereinafter “instant accident”). The deceased’s private person is a multiple prolonged damage by fall.
C. The plaintiffs are legal successors as siblings of the deceased.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including a provisional number), the purport of the whole pleadings
2. Determination
A. According to the above facts finding that the deceased died during the insurance period, and this constitutes grounds for payment of the death benefit under the instant insurance contract, the defendant is obligated to pay KRW 40,000,000 to the plaintiffs, who are beneficiaries of insurance, unless there are special circumstances.
B. Determination on the Defendant’s assertion of exemption from liability 1) In light of the following: (a) the Defendant’s assertion that the Defendant’s assertion was crashed in the window of the falling room of the deceased, and the trace of the remaining room of the window of the deceased appears to have been crashed; and (b) the investigation agency determined that the deceased was the deceased’s murder rather than the murder, and completed internal death, the instant accident was deemed to have caused suicide of the deceased; and (c) the Defendant did not have a duty to pay the death insurance money to the Plaintiffs on purpose, since it appears that the instant accident was caused suicide of the deceased; and (d) it constitutes “the insured intentionally damaged himself” as stipulated in the terms and conditions of the insurance contract of the instant case.