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(영문) 서울중앙지방법원 2017.08.04 2016나81163
보험금
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order shall be revoked.

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is that the following part of the reasoning of the court of first instance is corrected, inserted or deleted, and that part of the grounds of first instance’s 14th to 15th to 16th is as indicated in the reasoning of the court of first instance, except that the part of the 15th to 16th is as follows, “2.” Thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act

Part VII, “after the first dispatch of an emergency squad,” which reads “I, through the telephone of 119 first responders,” shall be corrected to read “I’s instructions.” Following the seventh 16th “for reasons,” inserting “each of December 4, 2014,” which reads “16th 5 and 6th .........”

B. (1) Whether the Defendants’ assertion constitutes suicide as the grounds for exemption from the payment of insurance money (hereinafter “the instant accident”) is an intentional cause for the payment of insurance money under Article 3 of the Special Terms and Conditions of the instant insurance contract and Article 18(1)1 of the General Terms and Conditions (hereinafter “the instant accident”). In the event that the cause for payment of insurance money occurred by the insured’s intentional act, the insured’s intentional act under Article 23(1) of the Death Insurance Clause of the instant insurance contract constitutes “the insured’s intentional act under Article 23(1) of the Death Insurance Clause of the instant insurance contract,” and thus, the Defendants’ respective obligation to pay insurance money against the Plaintiffs was exempted.

The insurer is responsible for proving the fact that the insurer is exempted from the liability to pay the insurance proceeds, if the insurance clause of the insurance contract on Sheet-related legal principles provides that “if the insured intentionally injures himself/herself,” the insurer is exempted from the liability to pay the insurance proceeds.

In such cases, the insurer shall prove the existence of objective physical evidence, such as a statement of intent to commit suicide, or that there is no reasonable doubt about the possibility of not committing suicide in ordinary sense.

(see, e.g., Supreme Court Decision 2010Da6857, May 13, 2010). See Articles 12, 13, 16, 17, and 19, A, and B.

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