채무부존재확인
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On December 26, 201, the Plaintiff entered into an insurance contract and filed a claim for insurance money (1) with the Defendant and the insured (hereinafter “instant insurance contract”) as indicated in the attached Table No. 1 (hereinafter “instant insurance contract”).
(2) On July 8, 2013, the Defendant suffered from an accident where the left-hand check, stop, medication, and possession fingers (hereinafter “instant accident”). On September 13, 2013, the Defendant was diagnosed as “the 2,3,4,5 fingers on the left-hand side” and claimed insurance proceeds based on the instant insurance contract against the Plaintiff.
B. Articles 23 and 25 of the General Terms and Conditions of the instant insurance contract provide for the following:
(1) Article 23 (Obligation to Notify before the contract) The contractor or the insured (subject to insurance) shall be informed of the fact that he knows about the matters asked in the written application for subscription (in the case of a diagnosis contract, I will speak at the time of health examination).
However, in the case of a diagnosis contract, it may substitute for a medical examination as data to determine the health conditions, such as a copy of the medical examination certificate conducted by a workplace or an individual at a general hospital and a hospital pursuant to Article 3 (Medical Institution) of the Medical Service Act
The obligation to inform before the contract is made, as provided in Article 651 of the Commercial Act. The contractor or the insured (person insured) shall inform the company of the material fact that the company has asked in writing at the time of subscription, and may be at a disadvantage such as termination of the contract or payment of the insurance money.
(2) Article 25 (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) A contractor or the insured (person insured) shall be entitled to receive the insurance, either intentionally or by gross negligence;