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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in Gap evidence Nos. 1, 2, and 5, taking into account the overall purport of the pleadings.
Plaintiff B is the wife of the deceased C (hereinafter “the deceased”), and the Defendant is an insurer.
B. (1) On January 28, 2013, the Deceased concluded a new health partnership insurance contract with the Defendant on and around January 28, 2013, and according to the terms and conditions incorporated into the instant insurance contract as part of the terms and conditions, the insured shall pay KRW 150 million of the death insurance amount in the event of the death of the insured to the insured’s heir. (2) Article 17(1) of the main terms and conditions of the instant insurance contract provides that the company shall not be bound to pay the insurance amount if any of the following events occurs, and that subparagraph 1 provides that “the insured (beneficiary) shall be intentionally liable to pay the insurance amount: Provided, That where the insured (beneficiary) becomes himself/herself under the condition that it is unable to make a free decision due to a defect, etc., the insurance amount shall be paid.”
다. 망인의 사망 등 1) 망인은 2015. 7. 9. 22:12경 자택 안방에서 스스로 목맴후 의식불명상태로 D병원에서 치료받다가 그 다음날 16:45경 저산소송 뇌병증으로 사명하였다(이하 ‘이 사건 사망사고’라고 한다
(2) On July 28, 2015, the Plaintiff filed a claim for the payment of the injury death insurance amount with respect to the instant death accident. However, the Defendant rejected the payment of the injury death insurance on the ground that the instant death accident falls under the grounds for exemption from the payment of insurance money as the “case where the deceased intentionally damaged himself/herself,” and that it does not fall under the grounds for exemption from the payment of insurance money as the “case where the deceased intentionally damaged himself/herself without any free decision-making due
2. The parties' arguments.