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1. Each of the plaintiffs' claims is dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The following facts may be found either in dispute between the parties or in Gap evidence Nos. 1 to 5, and Eul evidence Nos. 1 to 1 (including branch numbers), with a comprehensive view to the purport of the whole pleadings. (a)
The Plaintiffs are parents of the deceased C (hereinafter referred to as “the deceased”), and the Defendant is the insurer.
B. (1) On October 11, 2010, Plaintiff A entered into a dental insurance contract with the insured and the beneficiary of the Plaintiffs (hereinafter “Plaintiff”) on or around 60,710 won of monthly paid-in premium, 30 years of payment, and 85 years of payment period. On or around March 6, 2012, Plaintiff A entered into a dental insurance contract (1202) on or around 20,000 of monthly paid-in premium, 20 years of payment period, 44 years of payment period, and 44 years of insurance period. (2) On the so-called “Unpaid Policy” under Article 19(1) of the Dental Wage Clause, and Article 17(1) of the Terms and Conditions of Dental Insurance Act provides that “A company shall not pay insurance money if any of the following causes arises due to payment of insurance money,” and each of the insured is an insured person subject to free decision-making (Article 17(1) of the Dental Insurance Act.”
C. (1) On July 10, 2015, the Deceased, etc. (hereinafter “the instant death accident”), around 06:29, the Deceased fell from the outer stairs of the 7th floor of Gyeyang-gu Incheon Gyeyang apartment to the floor, and on the same day; around 06; 48, the Deceased’s mission was to commit multiple prolonged damage, etc. (hereinafter “instant death accident”).
(2) The Plaintiffs filed a claim for the payment of insurance money with respect to the instant death accident. However, the Defendant rejected the payment on the ground that the instant death accident constitutes an exemption from the payment of insurance money as “the deceased intentionally impaired himself.”
2. The parties' assertion
A. The plaintiffs' assertion that they were deceased.