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(영문) 서울중앙지방법원 2018.07.25 2018가단20253
보험금
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 September 27, 2005, Non-party B (hereinafter “the deceased”) entered into a non-payment-based CI insurance contract (hereinafter “instant insurance contract”) with the Defendant on September 27, 2005, setting the insurance coverage period from September 27, 2005 to September 27, 2060, and on September 27, 2060 when the deceased and the insured die due to injury, the amount of the insurance coverage was KRW 50 million.

B. However, on June 4, 2007, the Deceased died in an officetel located in Seocheon-si, Seocheon-si.

C. Of the instant insurance contracts, the part of the terms and conditions pertaining to bodily injury and death are as follows.

【In the absence of dispute over the grounds for recognition, evidence Nos. 1 through 5, entry of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The plaintiff's cause of claim and judgment on the cause of claim

A. The gist of the cause of the claim was the death of the deceased as a suicide, and since the terms and conditions that stipulate the reason for the exemption of the insurance money are null and void, the defendant shall pay to the plaintiff, the only heir of the deceased, the insurance money of KRW 50 million.

B. (i) In a case where the insurance contract provides for suicide as an insurer’s reason for exemption in the insurance contract where the relevant legal death is an insurance accident, the suicide refers to an act of causing death by intentionally cutting one’s own life for the purpose of the insurance contract and intentionally cutting one’s own life for the purpose, and it does not include the case where the insured caused death in a situation where it is impossible to make free decisions due to mental illness, etc.

If the act of direct cause which caused death in a situation where the insured is unable to make a free decision is caused by the ex officio factor, the death is a contingent accident that is not caused by the insured's intention and constitutes death.

However, the exemption clause of this case is an independent reason for exemption from the insured's mental illness, separate from the insured's suicide.

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