(영문) 서울중앙지방법원 2018.11.30 2017가합542616

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(영문) 서울중앙지방법원 2018.11.30 2017가합542616

보험금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a parent of the deceased C (hereinafter “the deceased”), and the Defendant is an insurer who entered into an insurance contract with the Plaintiff.

B. (1) The Plaintiff entered into an insurance contract with the Defendant on May 28, 2013; the insurance period from May 28, 2013 to May 28, 2050; and the insured is two insurance contracts with the Deceased and the beneficiary of the death insurance (hereinafter “instant insurance contract”).

The content of the instant insurance contract is as follows. The insurance contract of this case provides that “In the event the insured (person subject to insurance) damages himself/herself in a state that he/she is unable to make a free decision due to a defect, etc., the insured shall be liable to compensate for the insurance amount in the event that the insurance amount is not paid.” The insurance contract of this case provides that “The insured (person subject to insurance) shall be liable to compensate for the insurance amount in the event that the insured (person subject to insurance) damages himself/herself in a state that he/she is unable to make a free decision due to a defect, etc.”

(Article 17(1)1 and Article 3 of the General Terms and Conditions

1) On June 23, 2015, the Deceased died (hereinafter “instant accident”) which was found to be fall on the rooftop of the Namdong-gu Incheon, Namdong-gu, Incheon, a residential area of 08:35 on June 23, 2015 and was found to be used behind the building and was sent back after the first-way vehicle (hereinafter “instant accident”).

2) The police concluded that the deceased committed suicide by going up on the rooftop of his residence because of physical pain caused by disease and the failure of the deceased to attend one’s own care. The police concluded that the deceased committed suicide.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was not caused by the deceased’s intentional accident, which was sufficient on the rooftop of his residence and fell.

Even if an accident occurred by intention, the deceased can make a free decision due to dementia and depression at the time.

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