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The judgment of the court below is reversed, and the case is remanded to Suwon District Court.
Reasons
The grounds of appeal are examined.
1. In principle, the insured’s act falls under the grounds for exemption of the insurer, unless the insured’s act was committed in a situation that is unable to make a free decision due to mental illness, etc., and whether there was a death in a situation that is unable to make a free decision due to mental illness, etc. should be determined by comprehensively taking into account the age and character of the person who committed the suicide, the physical and mental psychological condition of the person who committed the suicide, the outbreak time and progress of the mental illness, the degree of the suicide, the detailed conditions at the time of the suicide, the surrounding circumstances at which the person was faced with the suicide, the behavior of the person who committed the suicide at the time of the suicide, the time and
(See Supreme Court Decision 2009Da97772 Decided April 28, 201, and Supreme Court Decision 2017Da226537 Decided February 8, 2018, etc.). 2. The lower court determined that there was no other evidence to acknowledge the case by considering the following: (a) the deceased’s medical institution’s opinion that, on June 20, 2014, the deceased committed suicide on the rooftop of the apartment site located in Daejeon Pungdong-gu, with an electric cable, there was no record of friendly treatment; (b) the state of extreme depression was unable to be determined; (c) there was no special circumstance in which the Plaintiff’s assertion and the evidence submitted thereto was insufficient to acknowledge that the deceased could not make a free decision due to depression, mental disorder, etc. at the time of the instant case; and (d) there was no other evidence to acknowledge it.
3. However, we cannot agree with the judgment of the court below for the following reasons.
According to the insurance terms and conditions of the insurance contract of this case, the insured's suicide falls under the exemption of the insurer's liability as a matter of principle, but the case where suicide was committed in a state where it is impossible to make a free decision due to mental illness,
B. The Deceased shall do so.