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(영문) 인천지방법원 2019.09.26 2018나69595
채무부존재확인
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance except for the part that is modified as stated in the following 2, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The defendant's arguments to 20 to 4 pages of the decision of the first instance on the amendment shall be amended as follows:

2) Even if the deceased voluntarily was dead, the deceased himself was unable to make a free decision by taking extreme stress on the day of the instant accident, such as taking away on the day of the instant accident and disputing with male-gu and sulpha, even though there was symptoms such as suicide impulses and depression caused by side effects of the pyromatic drug that was taken for several years. Since the deceased had injured himself under the condition that he could not make a free decision due to mental disorder, etc., he does not fall under the grounds for exemption prescribed in the instant insurance contract, and the plaintiff is obliged to pay the insurance proceeds to the Defendants. The judgment in the instant case is modified as follows. The judgment of the first instance court from 5th to 13th 7th 7th 17th son of the judgment.

2) We examine whether the deceased was in a state of free decision-making at the time of committing suicide, and whether there was a state of not. (A) According to Gap evidence Nos. 4, Eul evidence Nos. 4, Eul evidence Nos. 7-3, Eul evidence Nos. 7-4, Eul evidence Nos. 9, this court L, Ma Council's inquiry results, witness testimony, and the whole purport of oral argument during the period from Jun. 25, 2016 to Dec. 29, 2017, the deceased was spamping by prescribing popamer for the purpose of treating rain, popamer, and popamer, which included popamer for the purpose of treating rain during the period from Jun. 25, 2016 to Dec. 29, 2017.

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