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 April 3, 2015, the network C (hereinafter “the network”) concluded an insurance contract with the Defendant for the health partnership (1504.13) of the new era of Samsung & Fire Health Insurance NEW (hereinafter “instant insurance contract”) with the following content.
Insured: The beneficiary of the deceased’s insurance period from April 3, 2015 to April 3, 2081: Death (60 years of age): 50 million won in the case of death (60 years of age) among the details of the guarantee of statutory successors.
B. Article 5(1)1 of the General Terms and Conditions of the instant insurance contract provides that “The insured intentionally damages himself/herself, except where the insured has impaired himself/herself without any free decision-making due to a mental disorder, etc., he/she shall be paid the pertinent insurance money specified in the grounds for the payment of insurance money.”
C. On November 27, 2016, around 23:15, the Deceased was found to have died with the scarf used in the reading center located in Bapo-si D Officetel 102, 303, the dwelling place of the deceased.
(hereinafter “instant accident”). D.
The plaintiffs shall be the parents of the deceased and their legal successors.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4 (including branch numbers), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiffs asserted that the deceased was divorced on or around December 201, 201, and caused severe depressions, a certificate of challenge, etc., and led to suicide in the state of such mental illness.
This is an exception to the exemption of suicide as stipulated in the terms and conditions of the insurance contract of this case. Thus, the defendant is obligated to pay to the plaintiffs, who are legal successors of the deceased, the amount of death insurance proceeds of this case of KRW 50 million, which constitutes the plaintiffs' shares in inheritance, as well as damages for delay.
B. The Defendant’s assertion is stipulated in the terms and conditions of the instant insurance contract.