(영문) 서울중앙지방법원 2016.08.11 2016가합507364

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(영문) 서울중앙지방법원 2016.08.11 2016가합507364

보험금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, as the mother of the deceased B (hereinafter “the deceased”), is the only heir of the deceased, and the Defendant is the insurer who entered into an insurance contract with the deceased.

B. 1) In preparation for an injury or disease, the Deceased and the Defendant entered into an insurance contract between the Deceased and the Defendant, the Defendant and the Insured on January 8, 2015, from January 8, 2015 to January 8, 2070, and from January 8, 2015, a comprehensive insurance contract, regardless of whether the life of the deceased’s legal heir is a statutory heir at the time of death (hereinafter “instant insurance contract”).

(2) According to Article 1 of the Special Terms and Conditions for the Death of Injury incorporated into the instant insurance contract, if the insured dies as a direct result of the injury during the insurance period, the Defendant shall pay the beneficiary the amount of KRW 240 million of the death benefit.

3) Article 5(1)1 of the General Terms and Conditions applicable mutatis mutandis under Article 4 of the aforesaid Special Terms and Conditions for Death provides that “the insured intentionally injures himself/herself, but if the insured was unable to make a free decision due to a mental disorder, etc., he/she shall pay the insurance money.” (C) The Deceased’s suicide 1) was fighting on the roads in front of the E Elementary School located in the workplace B and Ansan-si D on August 26, 2015, in which he/she was flick, and the face part of C’s face part can be considered as drinking, and then his/her face part can be considered as the left-hand level and confrating part in need of treatment for three weeks. On the other hand, C was walking the face part into several sides and walking the part so that he/she was unable to make a free decision due to a mental disorder, etc., and thus, he/she suffered an injury to the deceased’s body and the body of the deceased (hereinafter “the body of the case”).

2. The Deceased was hospitalized in a single university hospital from August 26, 2015 to September 15, 2015 due to the instant injury.

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