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(영문) 서울남부지방법원 2017.07.12 2016가단45834

보험금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. The Plaintiff is a policyholder and a beneficiary who has entered into an insurance contract with the Defendant (Class 1) for non-dividend New Daily Cancer Insurance (Class 1) (from November 24, 2003 to November 24, 2013; 23,260 won per insurance premium) with his spouse as the insured.

B. On March 2012, the Plaintiff’s director filed an application for change of address with the Defendant via Defendant Insurance Solicitors C.

그런데 C이 깜박 잊어 피고가 이를 처리하지 못하였다.

C. Accordingly, the instant insurance contract was effective when the Plaintiff did not receive a notice on the invalidation of the insurance contract.

Accordingly, on January 7, 2013, the Plaintiff paid 427,680 won unpaid premiums, and subscribed for the restoration of the insurance contract of this case. The Defendant accepted the restoration on January 10, 2013 and restored the insurance contract.

B, after undergoing a cancer diagnosis at an ancient Daegu Hospital on January 16, 2013, on January 31, 2013, he/she was hospitalized after performing a cancer surgery on January 31, 2013 (as approximately 15 days).

(hereinafter “instant insurance accident”). E.

On March 2013, the plaintiff notified the defendant of the insurance accident and claimed the payment of the insurance money. However, the defendant refused the payment of the insurance money as an insurance accident during the effective period.

However, since the insurance contract has been invalidated due to a cause attributable to the defendant, the defendant should pay the insurance money (20,000,000,000,000 specific cancer 10,000,00 won under the basic contract.

2. Determination

A. On July 31, 2013, the Defendant asserts to the effect that the Plaintiff’s lawsuit is unlawful, since the Plaintiff agreed not to raise any objection, such as an additional claim and civil petition, with respect to the instant insurance accident.

However, it is difficult to deem that an agreement was made on the basis that “not raising any objection, such as an additional claim, civil petition, etc., and that the agreement was reached.”

The defendant's above assertion is not accepted.

B. The insurance clause of this case (No. 1) is examined.