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(영문) 서울중앙지방법원 2019.07.24 2019가합40954
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. Plaintiff A is the spouse of the deceased E (hereinafter “the deceased”) who died on December 7, 2017, and Plaintiff B and C are the children of the deceased.

On November 3, 2016, KRW 100,000,000 A E legal heir (basic) KRW 50,000,000 (special agreement) of August 2, 2017, KRW 50,000 (special agreement) of the insured on October 10, 2017, KRW 50,000 of A E legal heir (special agreement) of the insured on November 14, 2017, KRW 20,000,000 of E legal heir (basic) of the E legal heir of the E on April 30, 2017.

B. The Plaintiff A and the Deceased concluded an insurance contract between the Defendant and the Deceased with respect to which the insured is the deceased and the beneficiary’s legal heir (hereinafter “each of the instant insurance contracts”).

The insured has intentionally impaired himself/herself: Provided, That if the insured has impaired himself/herself without any free decision-making due to mental disorder, etc., he/she shall be paid the insurance money specified in the grounds for paying the insurance money.

C. The general terms and conditions of each of the instant insurance contracts stipulate the Defendant’s exemption from liability not paying insurance money in relation to the death of the insured as follows.

On December 7, 2017, the Deceased committed suicide by putting saves into the shower group by taking advantage of Babs from K in Yang-si and Lho deceased's home toilets.

E. The Plaintiffs, as legal inheritor of the Deceased, claimed for the Defendant for the death insurance proceeds under each of the instant insurance contracts, but the Defendant rejected the payment of the insurance proceeds on the ground that the Deceased intentionally committed suicide.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 6 through 8 (including paper numbers), the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The Deceased’s assertion committed the suicide of each of the instant common terms and conditions, as he/she was unable to make a free decision due to a mental disorder due to drinking, and thus, constitutes an exception to the exemption stipulated in each of the instant common terms and conditions.

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