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(영문) 서울중앙지방법원 2019.10.10 2019가단5034100
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff is the mother of the deceased C (hereinafter referred to as “the deceased”).

On April 29, 2014, the Deceased entered into a “D insurance contract” (hereinafter “instant insurance contract”) with the content that, between the Defendant and the deceased, the Deceased as the deceased, the beneficiary of the death benefit as the statutory inheritor, the insurance period from April 29, 2014 to April 29, 2083, the insured would be to pay a total of KRW 200 million ( KRW 100 million, KRW 100 million, KRW 100 million, and KRW 200 million, in the event of the insured’s being injured.

The terms and conditions of the instant insurance contract stipulate that the insured shall pay the death benefit in the event that the insured dies as a result of a direct result of an injury inflicted upon his/her body due to a sudden and incidental accident during the insurance period.

Furthermore, the above insurance policy provides that the insured shall not pay the insurance money when the cause for payment of the insurance money occurs due to intentional damage to himself/herself, but the insured shall not pay the insurance money when he/she damages himself/herself in a state that he/she cannot make a free decision due

On September 4, 2017, at around 13:40, the Deceased, the house of the male-friendly job offering E, which was the house of the Jung-gu, Daejeon, the 14th floor of the F apartment, was crashed into the first floor of the apartment and died due to the diversified damage.

(hereinafter “instant accident.” The Plaintiff claimed the Defendant for the payment of the insurance money under the instant insurance contract, but the Defendant rejected the payment of the insurance money on the ground that the Deceased committed suicide without free decision making.

[The grounds for recognition] The Plaintiff’s assertion by the parties to the determination as to the facts without dispute, Gap’s evidence Nos. 1 through 6, Eul’s evidence No. 1, and the grounds for the entire pleadings, was not proved to fall into the deceased’s own will. Even if the instant accident was caused by the deceased’s intentional act, the Deceased at the time of the accident shall be free from drinking, psychological failure, etc.

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