beta
(영문) 부산지방법원 2016.04.07 2015가합41032 (1)

보험계약 유효 확인의 소

Text

1. A non-dividend comprehensive insurance contract concluded on March 26, 2010 between the Plaintiff and the Defendant is valid.

Reasons

1. Basic facts

A. On March 26, 2010, the Plaintiff recommended the Defendant’s insurance purchaser B (former name: C) to buy insurance, concluded the following insurance contracts with the Defendant (hereinafter “instant insurance contracts”) and paid the insurance premium once.

The name of the policyholder and the insured: The insurance policy number of the non-dividendd comprehensive insurance policy: D insurance period: from March 16, 2010 to 58 years from March 26, 2010, the contractor, the insured, or their agents are aware of the matters asked in the written subscription (hereinafter referred to as the "Obligation to inform in the previous contract") and they are true (the same as the "Duty to inform in the previous contract" and the "Duty to Notify" under the Commercial Act).

The obligation to notify the contract before the contract is made under Article 651 of the Commercial Act. The policyholder or the insured shall inform the insurer of the material fact that the insurance company has asked in writing at the time of subscription, and may be at a disadvantage such as cancellation of the insurance contract or payment of the insurance proceeds.

Article 34 (Effect of Violation of Obligation to Notify) (1) The Company may terminate this contract regardless of the occurrence of damages, in the following cases:

1. If the contractor, the insured, or his/her agent intentionally or by gross negligence violates Article 32 (Obligation to Notify before the contract) and is an important matter, the company may not terminate the contract in any of the following cases, notwithstanding paragraph 1(1).

2. If one or more months have elapsed since the company became aware of such fact, or if two years have passed without any cause for the payment of insurance proceeds from the commencement date of guarantee, the company under Article 35 (Restriction on Exercise of Right to Revocation of Contract) shall not exercise its right for cancellation by fraud under Article 110 of the Civil Act when two years have passed without any cause for the payment of insurance proceeds occurred.

However, the contractor or the insured.