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(영문) 서울중앙지방법원 2021.03.24 2020가단5185370
보험금
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On August 4, 2016, E subscribed to the goods of the Defendant and “F”. The insurance period of the instant insurance product is up to August 5, 2066, and the insured provided that “if the insured died due to an injury or has a genetic disability after at least 80% of the accident during the insurance period, the insured shall pay the amount of insurance coverage to the insured,” and the network E included KRW 200 million in the amount of insurance coverage.

(hereinafter “instant insurance contract”). The terms and conditions of the instant insurance contract stipulate that the insured intentionally damages himself/herself as a ground for payment of the insurance money, and provide that the insured shall pay the insurance money if he/she damages himself/herself in a state that he/she cannot make a free decision due to mental or physical loss, etc.

B. The Plaintiffs are successors to E’s children.

(c)

E, around February 2, 2020, around 00:23, G apartment G, the Government of the Gu around 00:23, performed alcoholic beverages with Plaintiff A and B, and was transferred to I Hospital, but died on February 2, 2020.

[Grounds for recognition] The written evidence Nos. 1, 3, and 4 and the purport of the whole pleadings

2. As to the Plaintiff’s claim for death insurance money, the Defendant asserted that the Defendant cannot pay the insurance money due to the death by suicide, and that the Plaintiff cannot make a free decision due to the spread of life.

The argument is asserted.

Determination as to whether a person was killed in a situation where free decision-making was impossible shall be made by comprehensively taking into account the age and character of the person who committed the suicide, the physical and mental psychological status of the person who committed the suicide, the occurrence time and progress of the mental illness, and the specific situation at the time of the suicide, the surrounding circumstances at which the person was faced with the suicide, the behavior of the person who committed the suicide at the time of the suicide, the time and place of the suicide, the motive, details and method of the suicide, and the attitude of the suicide (see, e.g., Supreme Court Decision 2009Da9772, Apr. 28, 2011). Review of the foregoing evidence reveals that E at the time of the accident

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