2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

2. The reasons why the court should explain this part of the parties' assertion are the same as the corresponding part of the grounds of the judgment of the first instance (the parties' assertion 2.2.), except for the correction of the "Samanwawawawa" in the 7th part of the judgment of the first instance as "Samanwawawa", and the "Samanwawawawa" in the 20th part of the 7th part of the judgment of the first instance as "Samanwawawawa", and the corresponding part (the parties' assertion 2.).

3. Determination

A. (i) Whether the insurer is in breach of the duty of disclosure (i.e., “material fact” under Article 651 of the Commercial Act, which has a duty to notify the insurer at the time of the insurance contract, refers to the standard for the insurer to determine whether to enter into the insurance contract or the content of the insurance contract, such as the addition of the premium or special exemption clause, by measuring the occurrence of the insurance accident and the subscription rate of the liability arising therefrom, and if the insurer objectively knows the fact, it refers to the fact that the insurer would not enter into the contract, regardless of whether the contract is not entered into or at least the same condition. The question made by the insurer in writing is presumed to constitute an important matter in the insurance contract (Article 651-2 of the Commercial Act), and the insured’s written subscription may also be included in the insurance subscription. If the purport of seeking an answer to a certain matter is included, such matter is presumed to be “material matter” under Article 651 of the Commercial Act (see, e.g., Supreme Court Decision 2003Da18494, Jun. 111, 2004).