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(영문) 울산지방법원 2015.07.24 2015가단2118
보험금
Text

1. The Defendant shall pay to the Plaintiff KRW 21,404,60 and the interest rate of KRW 20% per annum from March 13, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. The plaintiff is the child of the non-party deceased C (hereinafter referred to as the "Death").

B. Around July 2008, the Deceased entered into a contract with the Defendant for “Good Injury Deductions” with the following contents (hereinafter “the instant contract”), and paid mutual aid premium including the first mutual aid premium.

- The contractor, the beneficiary, and the beneficiary of the mutual-aid money upon the death of the beneficiary: the deceased, the deceased, and the Plaintiff - The period of mutual-aid: From July 4, 2008 to July 3, 205, the number of mutual-aid: D - General disaster death mutual-aid amounting to 25 million won when the beneficiary dies as a "disaster" other than a "traffic disaster" during the period of mutual-aid.

C. The major terms and conditions applicable to the instant contract are as shown in the attached Form.

On September 15, 2014, the deceased committed suicide in such a way that the height of the apartment building located in Ulsan-gu, Ulsan-gu, Seoul-gu, Seoul-gu, in a way that he/she voluntarily fell beyond the hallway-style wall.

E. Since then, the Plaintiff sought payment of KRW 25 million to the Defendant based on the instant contract. However, the Defendant rejected the Plaintiff’s suicide on the ground of “the deceased’s suicide,” and at the same time notified the Plaintiff of the termination of the instant contract and paid KRW 3595,400 of the termination refund.

[Reasons for Recognition] Facts without dispute, Gap 1 to 5 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s major assertion (1) committed suicide in a situation where (a) the Deceased could not freely decide on his/her own will due to the mental illness called depression.

(B) Under Article 15(1) of the Terms and Conditions of the instant contract, the Defendant is obligated to pay the Plaintiff the remainder, excluding KRW 3,595,400 in the name of the refund for termination already received from the general disaster death mutual aid amounting to KRW 25 million.

(2) The Defendant’s assertion (A) died as a suicide.

Death caused by suicide shall be referred to as "accident" in the future accident, which is a cause for the payment of general disaster mutual aid funds under the contract in this case.

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