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(영문) 서울중앙지방법원 2018.07.18 2018가단5032251
보험금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On January 16, 2012, Plaintiff B entered into an insurance contract between the Defendant Insurance Company and the Insured, “C”, “The insurance period from January 16, 2012 to 64 years”, and “TP CP CP social species insurance contract (hereinafter “instant insurance contract”) with the amount of KRW 100 million at the time of the death of an accident.

B. Meanwhile, among the insurance terms and conditions of the instant insurance contract, the key contents of the instant insurance contract are as follows.

Article 10 (Types and Grounds for Payment of Insurance Money) The Company shall pay 100% of the amount of insurance money under the special agreement to the beneficiary (person receiving the insurance money) as the insurance money for accident death if the insured (person subject to insurance) dies due to a disaster as provided for in the Disaster Classification Table (Reference to attached Table 1) (hereinafter referred to as the "disaster").

Article 12 (Insurance Accidents for which No Insurance Money is Paid) The Company shall not prevent insurance proceeds or exempt the payment of insurance premiums when any cause for the payment of insurance proceeds occurs according to any of the following cases:

1. Where the insured (person subject to insurance) intentionally damages his/her own life: Provided, That in cases where the insured (person subject to insurance) causes death by damaging his/her own life in a state that he/she is unable to make a free decision due to mental disorder, etc., he/she shall be paid the insurance proceeds for death of disasters provided for in Article 10

C. On August 3, 2016, the deceased C (hereinafter referred to as “the deceased”) sold a finial line on the rail of the stairs of the third outer body, the third floor following the house at around 21:0, and thereafter, was transferred to a hospital, but died on August 3, 2016 (hereinafter “the instant suicide”). D.

Plaintiff

A is the father of the deceased, and the plaintiff B is the father of the deceased.

E. The Plaintiffs are paid KRW 100,000,000 for the death benefit of disaster on the ground that it constitutes a case where the deceased’s injury was caused by his/her death, in the absence of free decision making.

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