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(영문) 서울중앙지방법원 2020.01.22 2019가단5063375
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. 1) The Plaintiff A and the Defendant (former E Co., Ltd.) concluded each of the F insurance contracts on March 31, 201, and G insurance contracts on April 8, 2011, respectively, and each of the said respective insurance contracts (hereinafter “each of the instant insurance contracts”).

) The insured is the deceased’s spouse H (hereinafter “the deceased”).

(2) As a result, each of the instant insurance contracts provides that “the beneficiary shall be the legal heir of the deceased, and the insured shall pay KRW 50,000,000 to the general injury death benefit in the event of death as a result of a direct result of an injury.” 2) The terms and conditions of each of the instant insurance contracts stipulate that “the insured shall not be paid insurance money when any cause for payment of insurance money arises due to the intention of the insured, but the insured shall be paid insurance money if he/she damages himself/herself under a condition that it is unable to

B. (1) On February 25, 2018, the Deceased, etc. (hereinafter “instant accident”) committed suicide at the small location of J apartment K, one’s own house located in Daejeon-gu Daejeon-dong, Daejeon-gu, with KON-ro, around February 25, 2018 (hereinafter “instant accident”).

2) As the deceased, there are Plaintiff A, Plaintiff B, and C, the deceased’s spouse as the deceased’s heir.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 13, the purport of the whole pleadings

2. The parties' assertion

A. The Deceased’s assertion committed a bruptly suicide at an unclaimed house in a state where normal decision-making cannot be made due to serious depression and proof of alcohol.

The instant accident does not fall under the grounds of exemption stipulated in each of the instant insurance contracts, as “the insured has damaged himself/herself in a state that he/she is unable to make a free decision due to mental disorder, etc.,” and the Defendant is a beneficiary of each of the instant insurance contracts, and thus, paid insurance money and damages for delay.

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