1. The plaintiff's claim is dismissed.

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

Basic Facts

The plaintiff is the father of the deceased C (hereinafter referred to as "the deceased").

On September 6, 2013, the Plaintiff entered into a “D” insurance contract with the Defendant, which provides that the insured shall be the deceased, the beneficiary of death insurance shall be the Plaintiff, and that the insured shall be paid KRW 40 million when the insured dies due to a disaster (hereinafter “instant insurance contract”).

The terms and conditions of the insurance contract of this case stipulate that "the insured shall pay the insurance proceeds for death in the event that the insured dies due to any contingency accident that occurs in the Korean Standard Industrial Classification Table during the insurance period."

Furthermore, the above insurance clause does not pay insurance money when the insured intentionally injures himself/herself and causes for the payment of insurance money. However, if the insured harms himself/herself in a state that he/she cannot make a free decision due to mental disorder, etc., the insurance money shall be paid.

On September 21, 2018, the Deceased died while falling from the building Fdong in Gwangju, a residential area, at around 21:11, and sent back to the hospital.

(hereinafter “instant accident”). The Plaintiff claimed payment of the insurance money under the instant insurance contract to the Defendant, but the Defendant rejected the payment of the insurance money.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1, 4, 5, and 7 (including paper numbers), the purport of the whole arguments, and the purport of the whole pleadings) of the parties to the determination as to the cause of the claim. The plaintiff's assertion that the accident of this case was not proved to fall into his own will. Even if the accident of this case was caused by the deceased's intentional act, the deceased was in a state that he could not make a free decision due to depression, etc., so the deceased's death constitutes an exception to the exemption stipulated in the terms and conditions of the insurance contract of this case.

Accordingly, the defendant shall pay insurance money to the plaintiff according to the insurance contract of this case.

The Defendant’s assertion that the instant accident occurred is the deceased.