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(영문) 서울중앙지방법원 2018.12.18 2018나43820

보험금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, and the same reasoning of the judgment of the court of first instance is identical to that of the court of first instance, except for the addition of dismissal or dismissal as follows.

[Supplementary or rewritten parts] Each "this Court" in the 2nd 2nd 14, 20th 20, and 6th 7th 7th 2nd 2nd 1st 1st 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd

Part 4 of the first instance judgment, " November 18, 2016" in Part 19 shall be deemed to be " November 18, 2015".

The following shall be added between the 5th and 10th of the first instance judgment:

“Important matters” under Article 651 of the Commercial Act, which are to be notified to the insurer at the time of the insurance contract by the policyholder or the insured (hereinafter “subscriber, etc.”) means the standard for the insurer to determine whether to enter into the insurance contract or the content of the insurance contract, such as the addition of the premium or special exemption clause, by measuring the occurrence of the insurance accident and the burden of liability arising therefrom, and if the insurer objectively knows the fact, it shall be deemed that the insurer would not enter into the contract, regardless of whether to enter into the contract or at least the same condition. Meanwhile, the matters asked in writing by the insurer at the time of the conclusion of the contract shall be presumed to fall under important matters in the insurance contract (Article 651-2 of the Commercial Act). Therefore, if the purport of seeking an answer to a certain matter is included in the insurance subscription, such matters shall be presumed to be “important matters” under Article 651 of the Commercial Act (see, e.g., Supreme Court Decision 2009Da5988, Oct. 28, 2010).

2. In conclusion, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit.