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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.
2. The appeal costs.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The reasons why the court should explain this part of the facts are the same as the corresponding part of the judgment of the first instance except for the addition of the "accident" after the second 17th 17th of the judgment of the court of first instance (hereinafter referred to as the "accident") to the "accident" in the attached Form 1 of the judgment of the court of first instance. Thus, this part shall be cited in accordance with the main sentence of
2. Determination on the principal lawsuit and counterclaim claim
A. The court's explanation on this part of the parties' assertion is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus cite it as it is in accordance with Article 420 of the Civil Procedure Act.
B. In light of the legislative intent of Articles 659(1) and 732-2 of the Commercial Act, where suicide is stipulated in an insurance contract that covers the death as an insured event as an exemption of the insurer’s liability, the suicide refers to an act of the deceased by intentionally cutting his/her own life for its purpose and causing the death result by intentionally cutting his/her own life, and it does not include cases where the insured caused the death result in a situation where he/she cannot make a free decision due to mental illness, etc.
In principle, the insured, if he committed a suicide, falls under the exemption from liability of the insurer, unless it does not fall under the case where the result of the death was caused by a mental illness, etc. The issue of whether a person was unable to make free decisions due to mental illness, etc. as referred to in this context, shall be comprehensively taken into account the age and character of the person who committed the suicide, the physical and mental psychological condition of the person who committed the suicide, the time and progress of the occurrence of the mental illness, the detailed conditions at the time of the suicide, the surrounding circumstances at which the person was faced with the suicide, the behavior of the person who committed the suicide at the time of the suicide, the time and place of the