beta
Text
1. With respect to the death accident listed in the separate sheet No. 1 list, annexed Form 2. to the Plaintiff (Counterclaim Defendant)’s counterclaim.
Reasons
The main lawsuit and counterclaim are also examined.
1. Basic facts
A. The deceased C (hereinafter “the deceased”) has no lineal descendant, and the Defendants are parents of the deceased.
B. On January 16, 2009, the Plaintiff entered into an insurance contract listed in attached Table 2(1) (hereinafter “instant insurance contract”) with Defendant B, and ② on January 21, 2016, between Non-Party National Defense Headquarters and Non-Party Ministry of National Defense (hereinafter “Non-Party 2 insurance contract”) with each of the insurance contracts listed in attached Table 2(2) (hereinafter “each of the instant insurance contracts”).
On the other hand, the Clause of the first insurance contract provides that the insured's suicide as a reason for the insurer's failure to pay the insurance money, and the Clause of the second insurance contract provides that the insured intentionally damages himself as a reason for the insurer's failure to pay the insurance money (However, if the insured damages himself/herself under the condition that he/she is unable to make a free decision due
C. After being transferred to the Navy on December 12, 2008, the Deceased served as the captain of Dox E (hereinafter “instant vessel”) from August 9, 2010, and between March 27, 2011 and March 28, 2011, the Deceased died by hanging the trees with wire ropes from the steering unit of the instant vessel located in the 2 warship wharf of Pyeongtaek-si, Pyeongtaek-si, 201 to March 28, 201.
(2) On September 27, 201, the instant accident was determined as a simple suicide of the deceased.
Since then, the Defendants filed a lawsuit against Nonparty Republic of Korea seeking state compensation in relation to the deceased’s death (hereinafter “instant State compensation lawsuit”). On September 4, 2014, the first instance court rendered a judgment in favor of the Defendants on the facts and the principle of prohibition of double compensation.