(영문) 대구지방법원 2019.09.05 2016가합206196

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(영문) 대구지방법원 2019.09.05 2016가합206196

채무부존재확인

Text

1. With respect to the death of the deceased C, the plaintiff against the defendant according to the insurance contract indicated in the attached list.

Reasons

1. Basic facts

A. On May 30, 2012, the Plaintiff entered into the instant insurance contract (hereinafter “D”) with the deceased C (hereinafter “the deceased”).

The main contents of the instant insurance contract and the general terms and conditions of the instant insurance contract are as follows.

The insurance period of the insurance contract of this case: The beneficiary of the deceased on May 30, 2012 through May 30, 2069: The beneficiary of the deceased on May 30, 2012: the coverage of the death (legal heir), the details of the coverage related to the death out of the deceased, and the general injury and death insurance amount of the insurance money: Article 17 (Grounds for Non-Payment of Insurance Money) (1) The company shall not prevent insurance money when any of the following causes occurs for the payment of insurance money:

1. The intention of the insured: Provided, That if the beneficiary of the insurance (the beneficiary of the insurance money) damages himself/herself in a state that he/she is unable to make a free decision due to mental disorder, etc., the insurance money shall be paid to him/her;

B. On April 29, 2016, at around 10:40, the Deceased was hospitalized in the Gho Lake Hospital at the F Hospital located in Seo-gu, Daegu, Seo-gu, and around 15:40 on the same day, the Deceased died after examining the rail of 132 cm in height, which was 15:40 on the rooftop of the above hospital (9th floor) and falling under the first floor.

C. The defendant is the deceased's child.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5 and 8 (including each number in case of additional number), the purport of the whole pleadings

2. The parties' assertion

A. The death of the Plaintiff constitutes “when the cause for the payment of insurance money occurred due to the intention of the insured” under the general terms and conditions of the instant insurance contract, and it is difficult to view that the deceased committed suicide under the condition that the deceased cannot make a free decision.

Therefore, the plaintiff is not obligated to pay the insurance money to the defendant, who is the inheritor of the deceased.

(b) the defendant.

유사 판례

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-서울중앙지방법원 2014.10.14 2013가합547408

-서울중앙지방법원 2017.11.03 2017가합520609

-대구지방법원 2017.04.06 2015가합207345

-수원지방법원 2014.04.24 2013가합16926