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(영문) 대구지방법원포항지원 2014.11.25 2013가단303939
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. A. Around August 2012, Plaintiff Company concluded a group insurance contract with the Defendant (hereinafter “instant insurance contract”) with the content that the employee is the insured (beneficiary) and the Plaintiff Company is the beneficiary of the insurance policy to pay the insurance proceeds to the beneficiary when the insured died during the insurance period (hereinafter “instant insurance contract”).

B. Article 17(1)1 of the Terms and Conditions provides that the insurance contract of the instant case requires the beneficiary to pay the agreed insurance proceeds in the event of the death of the insured due to a disaster, and provides that “the insured shall not pay the insurance proceeds if he/she intentionally injures himself/herself.” However, the foregoing provision provides that “if the insured has caused the death of the beneficiary by impairing himself/herself while unable to make a free decision due to

C. On January 1, 2006, the deceased was a person who was employed and worked for the Plaintiff Company and was the insured of the instant insurance contract. On June 25, 2013, the deceased was found to have been dead in a 3m high range of 3 meters in the kingsan located in Nam-gu, Nam-gu, Magmangium.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 5-1, 2-2, the purport of the whole pleadings

2. The assertion and judgment

A. As the Plaintiff’s claimant committed suicide in a situation where it was unable to make a free decision due to mental illness, such as coercion and depression that he was suffering from the time, it constitutes an exception to the exemption from the payment of insurance money under the insurance contract of this case, and accordingly, the Defendant is obliged to pay the Plaintiff the amount stated in the claim with insurance money.

B. In light of the legislative intent of Articles 659(1) and 732-2 of the Commercial Act, where suicide is stipulated as an exemption of the insurer’s liability in an insurance contract which covers death as an insured event, the suicide is awareness that the deceased is to cease his/her own life and intentionally its purpose is to do so.

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