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(영문) 서울중앙지방법원 2016.07.22 2016가단5058310
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 27, 2014, B entered into an insurance contract with the Defendant, B as the insured and the beneficiary’s heir, and where the insured dies due to a traffic accident other than a traffic accident that occurred during the insurance period, B entered into an 1404 insurance contract without dividends of 1404 (hereinafter “instant insurance contract”).

B. Article 7 of the insurance clause of this case does not pay insurance money when the insured intentionally injures himself/herself, but provides that insurance money shall be paid when the insured harms himself/herself in a state that he/she cannot make a free decision due to mental disorder, etc.

C. A around November 17, 2015, around 00:42, B (hereinafter “the deceased”) entered the studio building of the fourth height of the fourth floor in Eunpyeong-gu Seoul, where he/she had resided, and died on the rooftop at around 01:19 on the same day.

The deceased’s heir is D, the father and mother of the deceased, and D is the Seoul Family Court of 2016Ra1467.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 5, Gap evidence No. 6 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that died of an accident on the rooftop of the building. Even if the deceased died, the deceased could not make a free decision due to alcohol respect.

Therefore, the defendant should pay to the plaintiff who independently inherited the deceased's property the amount of 70 million won of the disaster death insurance proceeds under the insurance contract of this case and delay damages.

B. The deceased alleged by the defendant committed suicide, and the deceased was not in a state of free decision-making at the time, and thus, he cannot pay insurance money for reasons of exemption under the insurance contract of this case.

3. Determination

A. The instant case.

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