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(영문) 광주지방법원 장흥지원 2018.10.31 2018가단5554

보험금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On January 6, 2016, the Plaintiff entered into the instant insurance contract with the Defendant (hereinafter “instant insurance contract”) and its main contents are as indicated in the attached Form.

B. Upon entering into the instant insurance contract, the Defendant responded to the question of “no” in Paragraph (1) of the obligation to notify prior to the contract of the subscription that “no” the following medical practice was performed within the last three months through a medical examination or examination, and answer to the question of “no” in Paragraph (4) of the same Article that “no treatment (including spathy) was performed for at least seven consecutive days since the medical doctor had received the following medical practice through a medical examination or examination during the last five years, and continuously for at least 30 days”.

C. On December 27, 2016, the Plaintiff was diagnosed by D Hospital that “the malicious life or the detailed unknown person in question is”.

The Plaintiff filed a claim with the Defendant for the payment of insurance proceeds, such as diagnosis costs and medical expenses, based on the instant insurance contract, but the Defendant terminated the instant insurance contract on April 17, 201 to October 14, 2015, on the ground that the Plaintiff violated its duty to notify the Plaintiff of the fact that the Plaintiff was administered for 41 days from January 17, 201 to December 7, 2015.

“The notice was given.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's medical treatment and medication are not subject to the duty of disclosure, and the plaintiff did not notify it intentionally or by gross negligence. Thus, the defendant's insurance contract of this case is not subject to the duty of disclosure.