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(영문) 서울중앙지방법원 2018.07.10 2017가단5216915
보험금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. A. Around August 2014, D entered into the instant insurance contract with the Defendant, whereby the beneficiary D and the beneficiary at the time of death are the Plaintiffs, who are legal successors, as legal successors (hereinafter “instant insurance contract”).

B. D, around 11:15 on March 29, 2017, at approximately 50 meters away from the settlement bank from the Jindo-ro, Jindo-ro, Gangwon-do, the north-do-do-ro, 26-si, Madon-ro, at the left-hand side of about 50 meters, she was found to commit suicide by putting the Myanmar strings (150cm in length, 0.3cm in length, 0.3cm in 2.5 meters in height) into the front-water of 2.5 meters.

(hereinafter “instant accident”) and D.C.

The Deceased was 55 years of age at the time of his death due to 1961, and the Plaintiff B (E) and C (F) were between his wife A and his wife at the time.

Of the coverage of the instant insurance contract, KRW 50 million shall be paid at the time of death in a general injury, not death in a disease, and Article 3(1)1 of the General Injury and Death Clause provides for the following matters:

Article 3 (Grounds for Not Payment of Insurance Money) (1) A company shall not pay insurance money when any of the following causes for the payment of insurance money occurs:

1. The insured has intentionally impaired himself/herself: Provided, That I shall pay insurance proceeds when the insured has impaired himself/herself under the condition that he/she is unable to make a free decision due to mental disorder, etc.;

[Ground of recognition] Unsatisfy, Gap 1-6's statements (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. (1) A’s summary of the allegation is subject to exemption in principle for a suicide accident that intentionally injures himself. However, in the case of the instant accident, the Deceased was seriously challenged with the Plaintiff’s external problem, and was sexually challenged before and after being insulting, and continued to drink after being able to have a mental shock, i.e., a suicide without free decision-making capacity, and thus, the Defendant transferred to the Plaintiff.

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