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1. The plaintiffs' appeal is dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning of the court's explanation concerning this case is as stated in the judgment of the court of first instance, in addition to the amended part as stated in Paragraph 2 below, and therefore, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The amended part of the first instance court's decision is 3.b. [3.0 3.0 3.0 .0 .0 .0 .0 .0 .0 .0 .0 .
B. In light of the legislative intent of Articles 659(1) and 732-2 of the Commercial Act, in cases where suicide is stipulated as an exemption of the insurer’s liability in an insurance contract which covers death as an insured event, the suicide refers to the act of the deceased to cease his/her own life and intentionally cut his/her own life for its purpose, thereby causing the result of the death. It does not include cases where the insured has caused the result of death in a situation where it is impossible for him/her to make free decision due to mental illness, etc.
B) Therefore, in principle, unless the insured commits suicide while making a free decision due to mental illness, etc., it constitutes an exemption from liability of the insurer. Whether the insured was dead in a situation that is unable to make a free decision due to mental illness, etc. as referred to in this context shall be determined by comprehensively taking into account the age and character of the person who committed suicide, the physical and mental psychological condition of the person who committed suicide, the period of occurrence of the mental illness, the progress and degree thereof, and the detailed conditions at the time of the occurrence of the mental illness, the surrounding circumstances at the time of the suicide, the behavior of the person who committed suicide at the time of the suicide, the time and place of the act of suicide, and the motive, details, and manner of the suicide, etc. (see, e.g., Supreme Court Decision 2009Da9772, Apr. 28, 2011).