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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. On March 30, 2012, the deceased J (hereinafter “the deceased”) concluded the K insurance contract between the Defendant and the deceased, the insurance period until March 30, 2062, and the beneficiary of death insurance as a statutory heir.
(2) In the event that the deceased died as a direct result of an injury during the insurance period, 100 million won shall be paid to the beneficiary of the injury death insurance, on the condition that the duty to pay the insurance proceeds and the exceptional grounds are stipulated as follows.
Article 19 (Reasons for Not Paying Insurance Money) (1) A company shall not prevent insurance money when any of the following events occurs to cause the payment of insurance money:
1. The intention of the insured person: Provided, That where the insured person has impaired himself/herself while he/she is unable to make a free decision due to mental disorder, etc., he/she shall pay the insurance money to him/her;
B. On April 7, 2016, the Deceased is presumed to have discovered the body of the Deceased at around 10:00 from his house and reported by the Deceased at around 13:50.
The deceased died from the Han River in Gwangjin-gu Seoul Special Metropolitan City, and the body of the deceased was discovered at a point of 500 meters below the Han River in 13:50 on the same day.
C. At the time of the deceased’s death, Plaintiff A, B, C, and the deceased’s spouse who was the deceased’s spouse on November 5, 1999, and Plaintiff E, F, G, and H, who were their children, jointly inherited or inherited the deceased’s property. The Plaintiffs jointly inherited or inherited the deceased’s property. The portion of inheritance is 2/44 each by Plaintiff A, B, and C, Plaintiff D, Plaintiff E, F, G, and H 1/44.
In August 3, 2016, the Plaintiffs filed a claim against the Defendant for the payment of death benefit under the instant insurance contract. However, the Defendant’s death stipulated in Article 19 of the instant insurance contract.