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(영문) 서울중앙지방법원 2015.01.21 2014가합552933
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 December 12, 2012, Nonparty B entered into two insurance contracts, the insured Party B, and the Plaintiff, the Plaintiff, the beneficiary of which, as the Plaintiff’s children, as shown in the attached Table B.

(hereinafter “each of the instant insurance contracts”). (b)

B, around 22:00 on April 26, 2014, at the male toilet of the D community service center located in Busan Yagu C, committed suicide by binding the neck on the toilet mold and binding it on its own item.

(hereinafter “instant accident” and “B” were not found in the deceased’s report, and as a result of the autopsy, blood alcohol concentration at the time of the deceased’s death was 0.259%.

C. The Deceased was 54 years of age at the time of 1959’s death. At the time, the Deceased was between the wife Nonparty E and the Plaintiff (F) and Nonparty H (G).

Part III of the General Terms and Conditions of each of the instant insurance contracts, Article 18(1)1 of the General Terms and Conditions provides for the following:

(hereinafter “this case’s terms and conditions”) 18. (The reason why the company does not pay the insurance money) The company shall not prevent insurance money when any of the following events occurs to cause the payment of insurance money:

(1) The insured person shall be intentionally liable to make a free decision due to mental disorder, etc.: Provided, That where the insured person has damaged himself/herself while he/she is unable to make a free decision due to mental disorder, the insurance money shall be paid to him

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-1, 2-2, Gap evidence 4, Gap evidence 5, Gap evidence 7-7, Eul evidence 7-1, Eul evidence 7-2, and the purport of the whole pleadings

2. In principle, the Plaintiff’s intentional injury to himself is subject to exemption from liability. However, in the case of the instant accident, the Deceased’s mental shock perforcing from his family members and 0.259% of blood alcohol concentration, i.e., suicide without free decision-making capacity. Thus, the Defendant is the Plaintiff.

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