(영문) 부산지방법원 2021.01.12 2020가단313215

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(영문) 부산지방법원 2021.01.12 2020가단313215

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 the mother of the deceased C (hereinafter “the Deceased”).

B. On February 10, 2012, the Deceased entered into an insurance contract with the Defendant to pay KRW 110,000,000 to the Deceased and the beneficiary of the deceased’s death insurance as the amount of injury security (hereinafter “the instant insurance”).

(c)

The general terms and conditions of the instant insurance contract are as follows.

Article 18 (Reasons for Not Payment of Insurance Proceeds) (1) A company shall not pay insurance proceeds when any of the following events occurs:

1. The insured person's intention: Provided, That where the insured person has impaired himself/herself in a state that he/she cannot make a free decision due to mental or physical loss, etc., he/she shall be paid insurance money to him/her;

(d)

On July 2, 2019, around 11:51, the Deceased died on his own on the 12th floor of the building of the 12th floor of the Busan East-gu D Building (hereinafter “the instant accident”), and the Plaintiff inherited the Deceased solely.

[Grounds for Recognition] Unsatisfy, entry of Gap 1, 2, and 7 evidence (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion suffers from mental illness such as depression due to heavy mental stress due to the Plaintiff’s criminal case, and the death of the deceased was caused by excessive drinking at the time of the instant accident, which led to the death of the deceased under the condition that he cannot make a free decision. As such, the death constitutes an exception to exemption stipulated in the terms and conditions of the instant insurance contract.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 110,000,000,00 of the death insurance proceeds of injury under the instant insurance contract.

B. The Defendant’s assertion was that the deceased’s suicide was caused by the death of the deceased, and that the deceased could not make a free decision at the time of the instant accident.

As such, it cannot be seen.

유사 판례

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