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(영문) 전주지방법원 정읍지원 2018.01.18 2017가단10686
보험금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a child of C, and the Defendant is an insurance company that entered into an insurance contract with C.

B. On December 16, 2012, C and the Defendant concluded an insurance contract for the goods called “10 years of age Green Insurance (Free Distribution)” (hereinafter “instant insurance contract”) with the insured as C (hereinafter “instant insurance contract”). The insurance is “general accident death insurance money” in the event the insured dies due to a disaster other than a traffic accident.

(C) On September 26, 2016, the Defendant paid KRW 10,256,00 to the Plaintiffs KRW 10,000 as insurance proceeds under the instant insurance contract for the following purposes: (a) Article 19 of the General Terms and Conditions of the said insurance contract provides for the following purport. However, insurance proceeds shall not be paid in cases where the insured intentionally impaired himself/herself; (b) the insured is dead due to a traffic accident other than his/her own harming himself/herself while unable to make a free decision due to a defect, etc.; (c) C died on September 26, 2016.

2. The parties’ assertion

A. The plaintiffs' negligence and negligence, or even if they committed suicide, they constitute undermining themselves in a situation where they cannot make a free decision due to mental disorder even if they were to commit suicide, and thus, the defendant is obliged to pay the insurance proceeds of this case.

B. The defendant C committed suicide. The defendant's obligation to pay the insurance money of this case is exempted, and it does not constitute an exception where the payment of insurance money is exempted.

3. Determination

A. Considering the circumstances such as the situation at the time of the death of C and the fact that C was previously D before the death, and the investigation into the causes of the death of C, which are acknowledged by comprehensively taking account of the respective descriptions or images of evidence Nos. 7 and 4 and 5 (including each number) as well as the overall purport of the pleading, C itself puts its title.

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