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(영문) 서울고등법원 2020.01.08 2019나2005626
보험금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance citing the reasoning of the judgment is as stated in the reasoning of the judgment of the court of first instance, in addition to further determination as to the argument that the Plaintiff emphasizes as the grounds for appeal under paragraph (2) below, and thus, it is identical to the reasoning of the judgment of the court of first instance citing the summary thereof pursuant

2. Additional determination on the Plaintiff’s grounds for appeal

A. A. A summary of the Plaintiff’s assertion 1) The instant accident was proved to have the friendly nature of the accident, while it was not clearly proven to the extent that it was a suicide by the deceased’s intentional act. On February 24, 2017, which was the immediately preceding day of the instant accident, the deceased mainly complained of the symptoms, such as “elimination,” and denied the impulse of suicide. Ultimately, in light of the fact that there was no verified evidence or motive to commit suicide by the deceased, it cannot be identified as an apartment rail of this case, and that the location where the deceased might not be the fall point of the deceased, and the possibility that G might not be the fall point of the deceased’s death cannot be ruled out, even if the deceased intentionally committed suicide, even if the deceased intentionally committed suicide, it cannot be ruled out that the deceased was in a state of free decision-making by reason of the deceased’s mental disorder.

In light of the fact that the deceased was suffering from mental illness as much as possible in terms of the psychological spirit of the preceding day before the accident, and that he did an act that cannot be seen as a person who prepared suicide when talks with the friendship of the preceding day before the accident, the deceased shall be deemed to have reached a suicide in a state where he cannot make free decisions due to mental illness.

B. An accident among the requirements of the insured events secured by a single life insurance contract refers to an accident caused by a cause unforeseeable by the insured.

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