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1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from June 23, 2017 to the day of complete payment.
Reasons
1. Basic facts
A. The Plaintiff is the mother and the sole heir of the deceased C (hereinafter “the deceased”).
The defendant is an insurance company which has concluded an insurance contract with the deceased.
B. 1) The Deceased’s insurance contract with the Defendant on January 17, 2014 (hereinafter “instant insurance contract”) is concluded.
A) The insured of the instant insurance contract was concluded. The Deceased and the beneficiary of the death insurance is the Plaintiff, and the content of the insurance is as follows. The content of the instant insurance contract related to the instant case is as follows: (a) the amount of the separate insurance coverage covered from January 17, 2014 to January 17, 2029 (2) the death of KRW 50,000,000, which was the death of January 17, 2019).
Article 21 (Insurance Accidents for which No Insurance Money is Paid) The defendant shall not pay insurance money or exempt the payment of insurance premium when any of the following events occurs.
1. Where the insured person has intentionally impaired himself/herself: Provided, That the same shall not apply to any of the following cases:
(i)the insured (person insured) has impaired himself/herself in a state that he/she is unable to make a free decision due to mental disorder, etc.;
C. A deceased’s death (1) around 17:00 on December 11, 2014, the deceased fell from the rooftop of his residence located in Bupyeong-gu, Sincheon-gu, Sincheon-si, and was found to have been used on the rear side of the building. The deceased called “I would know why it would have been used.” The deceased lost awareness after having called the Plaintiff “I would have no knowledge of why it would have been used,” and died at around 17:26 on the same day while he was sent to the emergency hospital of the ambulances and received treatment (hereinafter “instant accident”).
2) The deceased’s private person determined that the form of damage that may occur in a fall situation is a form of damage, and as a result of the autopsy. The police concluded that the deceased’s wife’s death was caused by the substantial and long-term impairment on the rooftop of his residence, and the deceased’s death.