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(영문) 서울북부지방법원 2020.08.20 2020가합20511
보험금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The deceased E is the mother of the deceased F (hereinafter “the deceased”), and the Plaintiff A is the deceased E’s son, and the Plaintiff B is the spouse of the network E.

B. On June 12, 2013, the network E entered into an insurance contract with Defendant D with the content that KRW 200 million should be paid when the deceased died due to general injury during the insurance period. On October 15, 2013, the network E entered into the “H insurance contract” with Defendant C with the content that the deceased, the beneficiary network E, and the insurance period would be paid KRW 100 million when the deceased died due to general injury during the insurance period (hereinafter “the network E” referred to as “each insurance contract of this case”).

C. The terms and conditions of each of the instant insurance contracts stipulate that “the insured shall not pay insurance money when any cause for the payment of insurance money occurred due to the intention of the insured, but the insured shall pay insurance money if he/she damages himself/herself under the condition that he/she is unable to make a free decision, such as mental disorder.”

On January 24, 2017, around 19:35, the Deceased was found to be in the state of committing suicide (hereinafter “instant accident”) by binding the string of the thrings from the warehouse I and I of the Seocho-gu, Cheongju-si, the Cheongju-si.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, Eul evidence 1, Eul evidence 1, Eul 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. At the time of death, the Plaintiffs committed suicide in a state that they could not make free decisions due to drinking under the influence of alcohol by 0.17% at the time of death.

Therefore, suicide of the deceased constitutes an exception to the exemption from the payment of insurance money under the terms of each of the insurance contracts of this case. The Defendants are obligated to pay insurance money to the deceased E, the beneficiary of the death of each of the insurance contracts of this case. Since the deceased E has died, Defendant C is KRW 100 million, and Defendant D is KRW 200 million.

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