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(영문) 서울중앙지방법원 2016.12.08 2016가단68855
보험금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On January 6, 2004, the network D (hereinafter “the network”) concluded an insurance contract between the Defendant and the insured, setting the beneficiary as the heir, and setting the insurance coverage amount to KRW 125,00,000,000, and the insurance coverage period to KRW 1.2,000 for the non-distribution Samsung C&T (hereinafter “instant prime contract”) from the contract date to the termination date, and added a special agreement for accident death (hereinafter “instant special agreement”) to the insurance coverage amount to KRW 100,00,000, and by the day before the date when the insurance coverage period reaches 80 years of age.

B. On October 28, 2015, the Deceased committed suicide by putting the shower presses in his/her residence.

(hereinafter referred to as “instant accident”). C.

Plaintiff

A’s spouse, Plaintiff B, and C are the deceased’s children, and the Plaintiffs are the inheritors of the deceased.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings

2. Article 23 of the terms and conditions of the contract of this case asserted by the plaintiffs does not pay insurance money if the insured intentionally injures himself, but it does not apply to the case where the insured commits suicide after two years from the commencement date of liability. The accident of this case constitutes suicide after two years from the commencement date of liability, and Article 15 of the terms and conditions of the contract of this case of non-distribution accident under the special agreement of this case which applies to the special agreement of this case provides that the matters not stipulated in this special agreement shall be governed by the provisions of the main contract. Thus, the defendant is obligated to pay KRW 100 million of the insurance money stipulated in the special agreement of this case pursuant to the above provisions

3. Determination

A. As seen earlier as to whether the instant accident was caused by a disaster, the instant accident is caused by the deceased’s suicide (the insured intentionally undermines himself/herself), and the deceased cannot make a free decision due to a mental disorder.

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