1. If the policyholder or the insured fails to make a notification of important matters intentionally or by gross negligence at the time of the insurance contract, or makes a false notification, the insurer may terminate the contract within a fixed period;

(Article 651 of the Commercial Act). The term "major negligence" here means a mistake in the existence of a material fact or a mistake in the decision of its importance and thus does not know that it is a material fact to be notified.

The existence of such negligence must be individually and specifically determined in light of social norms by taking into account all the circumstances such as the contents of the insurance contract, the importance of the fact to be notified, the circumstances leading to the conclusion of the insurance contract, and the relationship between the insurer and the insured.

(Supreme Court Decision 2014Da7336, 73343 Decided May 14, 2015). 2. A.

The lower court rejected the Defendant’s assertion that it constitutes a breach of the duty of disclosure that it was difficult to recognize that the Plaintiff and the Deceased, a policyholder, have entered into the instant insurance contract with concealing the above facts, and that there was no gross negligence, on the ground that there was no gross negligence.

B. However, the above determination by the court below is difficult to accept in the following respect.

1) According to the reasoning of the lower judgment and the record, the deceased was a person who worked in a singing room for the operation of the Plaintiff. On September 5, 2014, the Plaintiff entered into the instant insurance contract with the Defendant on the part of the deceased as the insured on September 5, 2014, and subscribed to the disease death security clause where the deceased would receive KRW 200 million upon the death of the disease.

B. On September 7, 2014, the Deceased, after the conclusion date of the instant insurance contract, shall be September 7, 2014.