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(영문) 대전지방법원 2015.10.13 2014가단223121 (1)

보험에관한 소송

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff concluded, on June 2, 2012, the Plaintiff and the Defendant as the insured, each of the insurance contracts listed in [Attachment List No. 1], and the insurance contracts listed in [Attachment List No. 2] on August 7, 2013, respectively, as the insured.

(hereinafter referred to as “each of the instant insurance contracts”). B.

In entering into each of the instant insurance contracts, the Plaintiff drafted an insurance subscription form for each of the instant insurance contracts to be submitted to the Defendant after hearing the explanation of the insurance solicitor B, and indicated “no” among the questions described in the “Obligation to notify prior to the contract” attached to the relevant insurance subscription form, the Plaintiff stated “no one-year period of the latest five years to question whether the Plaintiff received medical practice (i.e., disease confirmation diagnosis (ii) through medical examination or examination from the doctor through the 11th infectious disease (i.e., cancer 2., c., high blood pressure, hereinafter omitted).”

B. On April 16, 2014, the Plaintiff filed a claim for insurance proceeds with the Defendant upon receiving a final diagnosis of the illegality confirmation. On May 21, 2014, the Defendant terminated each of the instant insurance contracts on the ground that, upon paying the insurance proceeds to the Plaintiff on May 21, 2014, the Plaintiff did not notify the Plaintiff of the fact that it was diagnosed with high blood pressure at the time of entering into each of

[Ground of recognition] Unsatisfy, Gap evidence No. 1-4, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Since the termination of each of the instant insurance contracts against the Plaintiff on May 21, 2014 by the Defendant asserted by the Plaintiff is null and void for the following reasons, each of the instant insurance contracts remains effective.

1. The plaintiff has not undergone a final diagnosis of high blood pressure or conducted medical treatment or medication due to high blood pressure until the conclusion of the insurance contract.

However, as a result of the general health examination, only was diagnosed as “high blood pressure,” and there was no particular health disorder or abnormal symptoms caused by high blood pressure, so the Plaintiff did not recognize that the blood pressure was finally diagnosed.