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1. Of the judgment of the court of first instance, the part against the plaintiff as to the obligation to confirm that the below does not exist.
Reasons
1. The reasoning for this part of the facts of recognition is the same as that of the corresponding part of the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act
2. The grounds for the court’s explanation on this part of the parties’ assertion are as stated in the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the
3. Determination on whether a person has an obligation to pay an insurance benefit resulting from suicide in a state of mental illness;
A. In light of the relevant legal principles and the legislative intent of Articles 659(1) and 732-2 of the Commercial Act, where suicide is stipulated as the reason for the exemption of the insurer in an insurance contract which covers the death as an insured event, the suicide refers to an act of the deceased who intentionally cut his/her own life and cut his/her own life for its purpose, thereby causing the death result, and it cannot be deemed that the insured has caused the death result in a situation where he/she is unable to make a free decision due to mental illness, etc. In addition, if a direct cause of the death result from an external factor, the insured accident is an accident that is not caused by the insured's intentional intent and constitutes an accident.
(1) The judgment of the court below is justifiable in light of the following: (a) the age and character of a person who committed a suicide; (b) the physical and mental psychological condition of a person who committed a suicide; (c) the outbreak time of the mental illness; (d) the progress and degree of the mental disorder; and (e) the specific conditions at the time when the person was committed a suicide; (d) the surrounding circumstances at the time of the suicide; (e) the person’s behavior at the time of the suicide; (e) the time and place of the suicide; and (e) the motive and method of the suicide; and (e) the motive and form of the suicide.
Supreme Court Decision 200