보험금
All appeals are dismissed.
The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff).
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. Examining the record of the grounds of appeal on the starting point of the exclusion period in accordance with the relevant legal principles, the lower court’s reasoning is somewhat inappropriate, but the lower court’s conclusion that the instant insurance contract was lawfully terminated, recognizing that the Plaintiff (Counterclaim Defendant) was aware of the violation of the duty of disclosure by the Deceased and the Defendant (Counterclaim Plaintiff) only after January 27, 201.
There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or misapprehending the legal principles on the exclusion period of the right to terminate insurance contracts.
2. As to the grounds of appeal on the burden of proof of non-existence of causation, even if the contract violates the duty of disclosure on important matters, when it is proved that the violation of the duty of disclosure was not affected by the occurrence of the insured events, the insurer cannot terminate the insurance contract on the ground of the breach of duty of disclosure pursuant to the proviso of Article 655 of the Commercial Act, but the insurer's burden of proving that there was no causation between the violation of the duty of disclosure and the occurrence
(See Supreme Court Decision 95Da25268 delivered on September 5, 1997). Examining the record in accordance with the above legal doctrine, the lower court is justifiable to have determined that there is no proximate causal relation between the deceased’s death and blood pressure on the grounds as stated in its reasoning.
In doing so, there is no error of misapprehending the legal principles on the burden of proof of absence of causation under the proviso of Article 655 of the Commercial Act.
3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.