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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff, the Defendant, the insured, and the beneficiary (legal inheritor at the time of the death of the insured) entered into a contract with the Defendant, the insured, and the beneficiary (legal inheritor at the time of the death of the insured) with the term of the contract from September 30, 2015 to September 30, 2030, and with the amount of the general injury death insurance amounting to KRW 90 million (hereinafter “instant insurance contract”).
Article 1 (Grounds for Payment of Insurance Money) If the insured directly results in an injury that occurred during the insurance period and is subject to the insurance period (excluding death caused by a disease), the company shall pay the amount of insurance coverage of this Special Terms to the beneficiary as the death insurance amount.
Article 3 (Grounds for Not Payment of Insurance Money) (1) A company shall not pay insurance money when a cause for payment of insurance money occurs for any of the following reasons:
1. The insured has intentionally impaired himself/herself: Provided, That he/she shall be paid insurance proceeds if the insured has impaired himself/herself in a state that he/she is unable to make a free decision due to mental disorder;
B. Of the terms and conditions of the instant insurance contract, the general injury and death special terms and conditions are as follows.
C. At around 20:30 on July 30, 2016, B (hereinafter referred to as “the deceased”) discovered that he committed suicide in the form of a brush strawer’s strawtain, which was installed in the toilets C. 501, the residence of the Guri-si, Siri-si, Siri-si (C. 501).
(hereinafter “instant accident”). D.
The Plaintiff solely inherited the Deceased.
[Ground of recognition] Facts without dispute, Gap 2, 3, 4 evidence, Eul 1, 2 evidence, the purport of the whole pleadings
2. Determination
A. The gist of the Plaintiff’s assertion is that the Deceased was unable to make a free decision by drinking and drinking alcohol from the Plaintiff. As such, the Deceased was able to listen to the Plaintiff’s severe hysium and inflict an injury on himself on him on a contingent basis. As such, the Defendant is obligated to pay KRW 90,000,000 of the general injury death insurance money as stipulated in the instant insurance contract to the Plaintiff.
(b) judgment;