보험에관한 소송
1. The judgment of the court of first instance is modified as follows.
Of the instant lawsuit, the conjunctive claim is dismissed.
(b).
1. The reasoning of the court’s explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance is as stated in each corresponding part of the reasoning of the judgment of the court of first instance, except for the explanation of dismissal of some of the grounds of the judgment of the court of first instance and the determination of the preliminary claim, and thus, it is acceptable in accordance with the main sentence of Article
2. As follows, the part to be dismissed shall be added from the fourth to the second half of the judgment of the court of first instance.
around September 2014, Defendant A claimed the Plaintiff for the payment of insurance money on the ground that “Defendant B had undergone an operation on a fiber paper on April 6, 2011, and it has been proved that it was clinically cancer.” The part of the first instance judgment from the first to the seventh 16th th th th th son is as follows.
Article 644 of the Commercial Act provides that the contract of this case shall be null and void at the time of the occurrence of the insurance accident at the time of the insurance contract. Thus, even if the occurrence of the insurance accident is inevitable upon the lapse of time, the insurance contract shall not be null and void by applying Article 644 of the Commercial Act unless the insurance accident has already occurred at the time of the conclusion of the insurance contract (see, e.g., Supreme Court Decision 2010Da66835, Dec. 9, 2010). Of the instant contract, the policy of security for cancer diagnosis costs in the instant case provides that “when the insured is diagnosed and confirmed as cancer (Article 1(1)),” “when the insured has been diagnosed as cancer and hospitalized for at least four consecutive days for the direct purpose of the treatment thereof (Article 1(1)),” and the special policy of security for cancer operation costs in the instant case provides that “when the insured has been diagnosed as cancer and received an operation directly for the treatment thereof” (Article 1(1)1(1) of the aforementioned.
As such, the insurance accident related to cancer of this case is premised on the determination of diagnosis as cancer.