보험금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic factual insurance premiums: A basic insurance amount (100,000,000 won) at the time of the occurrence of the cause for the payment of death insurance benefits, where the insured dies without a state of disability exceeding 80% during the cover period before his/her retirement, including the day on which the cause for payment occurred, until the end of the cover period prior to his/her retirement, and the insured dies during the cover period before his/her retirement;
A. On November 4, 2011, the Plaintiff and the Defendant entered into an insurance contract for social integration of the base of the insured (hereinafter “instant insurance contract”) with the Plaintiff, who is the Plaintiff’s father (the Plaintiff’s father) and the beneficiary (the beneficiary).
The instant insurance contract was concluded on behalf of the Plaintiff at the time when the Plaintiff’s mother, C, a minor, and the insurance solicitor D mediated.
The main contents of the instant insurance contract are as follows.
B. On April 9, 2012, after the conclusion of the instant insurance contract, the insured B died at his/her residence on April 15, 2012, and the Plaintiff demanded the Defendant to pay the insurance proceeds under the instant insurance contract on May 23, 2012 due to the death of B.
However, the defendant, on the ground of violation of the plaintiff's duty of disclosure (the duty to inform before the contract), expressed the plaintiff's intention of termination of the insurance contract of this case,
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1, 2, 6, 8 through 9 (including the number; hereinafter the same shall apply), witness D's testimony and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion 1) C and B notified the insurance solicitor D of the fact that B received treatment due to alcohol diseases (liver infections) at the time of entering into the instant insurance contract. 2) Although B attempted to enter the details of treatment, etc. among the written subscription for the insurance contract, D failed to do so, and C explained the disease, etc. among B, D’s insurance contract is only a death security.