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(영문) 대전지방법원 2015.08.20 2014가단45864

보험금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 7, 2005, the Plaintiff concluded an insurance contract with the Defendant and the insured as the Plaintiff and the insurance period from January 7, 2005 to January 7, 2015, with KRW 27,050, and with KRW 27,050, in the event the diagnosis of cancer other than other skin cancer during the insurance period becomes final and conclusive, the Plaintiff entered into an insurance contract with the effect that the Defendant will pay 50,000,000,000,000,000 won (hereinafter “existing insurance contract”).

B. As the Plaintiff did not pay the premium on September 2012, the Defendant terminated the existing insurance contract on November 1, 2012.

C. On July 17, 2013, the Plaintiff was diagnosed and recommended to undergo a diagnosis and an autopsy, which is “Apatching” at the Seoul Apatum Hospital, on July 24, 2013. On July 24, 2013, the Plaintiff was diagnosed as a “patching of the left Apatum Apatum vessel” through an inspection, and on August 7, 2013, the Plaintiff was diagnosed as a small nuclear formation and the minimum type of a capsule and planned an operation.

Then, on April 16, 2014, the Plaintiff received the “malute scambling and the central light scambling” from the above hospital, and received the diagnosis of the “malute scambling scamblings” through the organizational inspection on April 21, 2014.

On August 7, 2013, the Plaintiff asked the Defendant of the status, restoration, etc. of the existing insurance contract. On August 14, 2013, the Plaintiff subscribed for the restoration of the existing insurance contract to the Defendant. On August 16, 2013, the restoration contract was concluded by paying unpaid premiums.

E. On May 20, 2014, the Plaintiff requested the Defendant to pay the insurance money, but the Defendant terminated a reinstatement contract on June 27, 2014 on the ground of the Plaintiff’s breach of duty of disclosure and refused to pay the insurance money.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1, 2, 4-2, 5-2, 6, 7, 9, 10, and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Plaintiff was diagnosed as the A upper-tier cancer after the restoration of the existing insurance contract, and thus special.