1. All of the plaintiffs' claims are dismissed.

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

1. Basic facts

A. C (hereinafter “the deceased”) entered into an insurance contract with the Defendant on December 31, 2009 and with the insurance date fixed as of December 31, 2039, for non-distribution M&D (limited to high risk for maturity refund) (hereinafter “instant insurance contract”).

B. According to the instant insurance contract, the Defendant is obliged to pay KRW 50,000,000 to the deceased’s heir, who is the beneficiary, where the deceased died due to a disaster during the insurance period.

However, if the insured intentionally damages himself/herself in accordance with the terms and conditions, it is proved that he/she has damaged himself/herself without paying the insurance money for death of a disaster.

C. Around 10:00 on July 1, 2012, the Deceased committed suicide by putting the decedent out of a toilet in the house where the Deceased resided.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, 5, Eul evidence 3, the purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiffs committed suicide, they were unable to make a free decision due to depression that they suffered from the Deceased since 2011, and thus, the Defendant is obligated to pay the Plaintiffs, the heir of the Deceased for a disaster death benefit under the insurance contract of this case.

B. The Defendant’s suicide cannot be deemed to have been conducted in a situation where free decision-making cannot be made in light of the developments, methods, and patterns of the suicide. Therefore, the Defendant is not obliged to pay the Plaintiffs the amount of the accident death insurance.

3. Determination

A. In light of the legislative intent of Articles 659(1) and 732-2 of the Commercial Act, if suicide is stipulated in an insurance contract which covers death as an insured event as an exemption of the insurer’s liability, the suicide is suspended by the deceased.