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(영문) 서울중앙지방법원 2019.01.17 2018가단5121878
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 June 4, 2015, the Plaintiff and the Defendant entered into a “D” contract with the insured as the Plaintiff’s dynamic C (hereinafter “the Deceased”); the beneficiary as the Plaintiff, from June 4, 2015 to June 4, 206, with the insurance period as the Plaintiff, and with the insurance amount as KRW 100 million upon the death of injury (hereinafter “instant insurance contract”).

B. On June 13, 2016, the Deceased committed suicide from the “F” Party, operated by the Deceased in Suwon-si, Suwon-si, Suwon-si, to his/her seat belt.

C. Meanwhile, Article 5(1) of the terms and conditions of the instant insurance contract provides that “The insured intentionally damages himself/herself: Provided, That the insured damages himself/herself in a situation where it is impossible for him/her to make a free decision due to defectiveness, etc., he/she shall pay insurance money.”

【Fact-finding without a dispute over the grounds for recognition】 Facts, Gap evidence 1, 2, 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff asserted that the Deceased’s suicide constituted a cause for the payment of insurance proceeds under the instant insurance contract, on the ground that: (a) the Deceased was in a state of alcohol addiction to almost 3-4 illness per day; and (b) the Deceased was in an excessive condition upon drinking; and (c) the Deceased’s suicide was committed in a state of being unable to make free decisions by drinking and drinking on the day immediately before the time of suicide.

B. (1) Determination is based on the insurer’s exemption from liability, in principle, insofar as the insured’s suicide did not constitute a case where the result of death was caused without free decision-making due to mental illness, etc., and whether there was a situation in which free decision-making was impossible due to mental illness, etc., the age and character of the person who committed the suicide, the physical and mental psychological state of the person who committed the suicide, the time and progress of the occurrence

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