채무부존재확인
1. The appeal by the defendant (the counterclaim plaintiff and the appointed party) is dismissed.
2. The defendant (the plaintiff and the counterclaim) raised by this court.
Any counterclaim raised in the principal lawsuit and the trial of the party shall also be deemed a counterclaim.
Basic Facts
On December 4, 2015, the Plaintiff entered into a second re-insurance contract in attached Form 2 (hereinafter “instant insurance contract”) with G (Death around May 5, 2018, hereinafter “the Deceased”) with the insured as G.
The defendant and the sperm are dead beneficiaries as the legal professionals of the deceased.
The main contents of the terms and conditions of the instant insurance contract are as follows.
Article 2 (Definition of Terms and Conditions) (2) Terms and Conditions for payment and compensation-related terms
(c) Important matters: It refers to matters that may affect the receipt of the contract, such as refusing to make an offer of the contract, restricting the amount of the insurance coverage, excluding partial guarantees, reducing the insurance proceeds, and giving conditional acceptances, if the company knew of the fact with respect to the duty to inform the entire contract;
Article 15 (Obligation to Notify before the contract) When the contractor or the insured makes an offer (in the case of a diagnosis contract, when the health examination is conducted)
The fact that he knows about the matters asked in the application is true (hereinafter referred to as "the obligation to inform before the contract," and the obligation to inform under the Commercial Act is the same as "the obligation to inform" under the Commercial Act).
I.
Section 17 (Effect of Violation of Obligations to Notify) ① The Company may terminate this Agreement regardless of the occurrence of damages, in the following cases:
1. Where the contractor or the insured violates Article 15 (Obligation to Notify before the contract is concluded) by intention or gross negligence and the obligation constitutes an important matter. ② Notwithstanding paragraph 1(1)1, the company may not terminate the contract in any of the following cases:
When a company knew of, or was not aware of, the fact at the time of concluding an initial contract, it has become aware of such fact, for at least one month after the company becomes aware of such fact, or for two years (in the case of a diagnosis contract, the grounds for the payment of insurance proceeds have not occurred from the