보험금
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Facts of recognition;
A. Nonparty C (hereinafter “the deceased”) visited D Hospital on January 3, 2019 on the ground of the certificate of multiple parts continued since one month before January 3, 2019.
E of the department in charge conducts a diagnosis for determination of acute infection, disguised salt, and chronathy and chronathy, and recommended the deceased to conduct an internal test on January 4, 2019 on the following day, when the deceased prescribed five days of acute chronathy treatment at his/her request from the medicine clinic and decided to conduct an internal test on January 4, 201.
B. On January 3, 2019, the Plaintiff, an insurance solicitor, as such, entered into a contract with the Defendant on the condition that, around 17:25, the deceased would pay insurance proceeds of KRW 130 million at the time of the death of the insured, the beneficiary, and the insured (hereinafter “the instant insurance contract”).
At the time, the plaintiff did not give any notice on the health status of the deceased.
C. On January 4, 2019, the Deceased carried out the internal border test and the superscopic test at the D Hospital. As a result, the Deceased decided to proceed with the CT test by receiving dyphomatic opinions from dypite cancer, and was hospitalized immediately.
On January 7, 2019, the deceased conducted the CT Inspection at the same hospital, and discovered malicious organisms of 8.3 cm size, and received extracting cancer opinions.
From February 6, 2019 to February 16, 2019, the Deceased was hospitalized in G Hospital for 11 days, and from April 6, 2019 to Busan University Hospital for 19 days, the Deceased died on May 24, 2019.
After the Deceased’s death, the Plaintiff claimed the instant insurance money to the Defendant on June 17, 2019. On July 1, 2019, the Defendant notified the Plaintiff of the purport that the Plaintiff could not terminate the instant insurance contract and respond to the Plaintiff’s claim for insurance money on the ground that the Plaintiff violated the duty of disclosure at the time of concluding the instant insurance contract.
[Ground of recognition] No dispute exists, each entry of Gap evidence Nos. 1 through 4, and the whole purport of the pleading
2. The parties' assertion
A. Plaintiff 1’s instant case