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(영문) 광주지방법원 2015.11.26 2015가단505330

채무부존재확인

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1. As to the insured events listed in the attached Table 1, ‘satisfy disease diagnosis expenses (I) in each insurance contract listed in the attached Table 2 shall be guaranteed.

Reasons

Facts of recognition

On January 17, 2013, the Plaintiff concluded the first insurance contract in attached Form 2, and the second insurance contract in attached Form 2 on December 27, 2013, respectively, with the Defendant, and the beneficiary and the insured under each insurance contract are the Defendant.

According to the contract of insurance No. 1, where the defendant is diagnosed and confirmed as a acute scarcity, the plaintiff shall pay to the defendant KRW 4 million (as stipulated in the special contract No. 1) and KRW 16 million (as stipulated in the special contract No. 2). According to the contract of insurance No. 2, where the defendant is diagnosed and confirmed as a acute scarcity color, the plaintiff shall pay to the defendant KRW 10 million (in accordance with the special contract No. 1).

On November 15, 2014, the Defendant was diagnosed as a acute marble certificate, and accordingly, claimed the Plaintiff to pay the insurance money under the first and second insurance contracts, but the Plaintiff claimed to cancel the insurance contract on the ground of the violation of the duty of disclosure, and refused to pay the insurance money.

[Ground of recognition] A without any dispute, entry in Gap evidence Nos. 1, 2, 3, 4, 5, and 10, and the purport of the entire pleadings. The plaintiff asserted that the defendant received medical practice within five years from high blood pressure, one of the 11st diseases, at the time of purchasing each insurance policy listed in the attached Table No. 2, and notified the plaintiff that he did not receive medical practice. Since this is an important matter stated in the subscription form, the plaintiff alleged that he did not bear an obligation to pay insurance money against the defendant as long as the contract was terminated on this ground, and sought confirmation that there was no obligation to pay insurance money.

In relation to this, the defendant was diagnosed with high blood pressure within 5 years from the time of purchase of each insurance mentioned in the attached Table 2, but the defendant did not take high blood pressure at the time of purchase of insurance, and notified the insurance solicitor of the fact that he did not receive medical practice within 5 years from high blood pressure in the subscription form, and notified the insurance solicitor of the fact that he did not receive medical practice within 5 years from the high blood pressure.