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(영문) 창원지방법원마산지원 2017.05.17 2016가합100669

채무부존재확인

Text

1. There is no obligation to pay insurance money based on the insurance contract as stated in the attached list to the plaintiff against the defendant.

Reasons

1. Basic facts

A. On January 24, 2014, the Plaintiff is an insurer who concluded an insurance contract with the Defendant listed in the separate sheet (hereinafter “instant insurance contract”) with the insured as the insured on January 24, 2014 (hereinafter “the deceased”). The Defendant is the policyholder and the beneficiary of the instant case.

B. The Deceased on February 6, 2010, prior to the conclusion of the instant insurance contract, is the same year.

3. 6. The medical treatment was provided at C Hospital due to cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral her, and on October 17 of the same year, the treatment was provided at D Hospital with two open upper spotss. From October 19, 2012 to October 30 of the same month, she was hospitalized at the said hospital and received outpatiental treatment.

In addition, on January 20, 2013 and December 31, 2013, the deceased received emergency treatment at the above hospital due to the symptoms occurring in the hospital. On January 17, 2014, one week prior to the conclusion of the insurance contract of this case, the deceased was in the vicinity of the apartment guard room due to an unknown cerebral tension accompanied by dystrophism, which was reported to the police, and was under medical treatment in the above hospital due to low temperature and diagnosis.

C. Nevertheless, at the time of the conclusion of the instant insurance contract, the Defendant indicated a physical mark in the column “no” to each question with respect to the obligation to inform the deceased, who is the insured, at the time of the conclusion of the instant insurance contract, that “I have any fact that the deceased was administered by a doctor through a medical examination or examination within the last three months, such as hospitalization, surgery, medical treatment for at least seven consecutive days, and medication for at least 30 consecutive days,” respectively.

Since January 2015, the Deceased died on April 10, 2016 while receiving hospitalized treatment in the E-valescent hospital, etc. due to incurable cerebral cerebralop, etc.

Therefore, the defendant's claim for insurance money based on the insurance contract of this case is defective.