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(영문) 서울고등법원 2020.08.21 2019나2033485
보험금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiffs cited in the judgment of the court of first instance, as alleged in the first instance at the trial, died of a person’s own title in contingency in a state of mental disorder where the deceased cannot make free decisions due to taking psychotropic drugs or excessive drinking. As such, the death of the deceased constitutes an insured accident under each insurance contract of this case. Thus, the Defendant asserts that the deceased’s heir is liable to pay insurance proceeds under each insurance contract of this case.

The court of first instance rejected the Plaintiffs’ assertion on the ground that the death of the deceased constitutes “when the cause for payment of insurance money occurred due to the intention of the insured,” which is an exemption from the payment of insurance money stipulated in each of the instant exemption clauses, is justifiable in finding the facts and determining that the court of first instance rejected the Plaintiffs’ assertion.

Accordingly, the court's reasoning for this case is the same as the reasoning of the judgment of the court of first instance, and thus, citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. In conclusion, the plaintiffs' claim of this case against the defendant should be dismissed in entirety as it is without merit.

The judgment of the first instance is just in conclusion, and the plaintiffs' appeal is dismissed as it is without merit.

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