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(영문) 서울중앙지방법원 2017.06.27 2016가단63409

보험금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 16, 2015, the Plaintiff’s ASEAN (hereinafter “the deceased”) concluded an insurance contract with the Defendant for “1501 comprehensive insurance regardless of whether the Defendant’s life is profa,” as follows (hereinafter “instant insurance contract”).

Insurance coverage period: from January 16, 2015 to January 16, 2092: The Deceased’s occupation/Duties: Beneficiary of the deceased’s death insurance proceeds for agricultural and fishery products: content of the insured’s legal heir [Special Terms and Conditions] Death: 200,000,000 won

B. Of the ordinary terms and conditions applicable to the instant insurance contract, the contents of the instant case are as follows.

14. (Obligation to Notify before the contract) The contractor or the insured shall be informed of the fact that he is aware of the fact that he is asked at the time of subscription (in the case of a diagnosis contract, the time of health examination) in the letter of subscription (hereinafter referred to as “Obligation to notify before the contract,” and the same as “Obligation to notify” under the Commercial Act).

15. (Duty to Notify after Contract) The contractor or the insured shall promptly inform the company of any change in the occupation or duty (including any change in the occupation or duty of the self-employed driver) or any continuous use of a two-wheeled motor vehicle or motor bicycle during the insurance period.

16.(Effect of Violation of Obligation to Notify) The Company may terminate this Agreement regardless of the occurrence of damages, in the following cases:

(1) Where the contractor or the insured violates 14. (Duty of Notification after Contract) by intention or gross negligence and his duty falls under important matters (matters that affect the occurrence of any cause for paying insurance proceeds). (2) When the contractor or the insured has failed to perform the duty of notification after the contract prescribed in 15. (Duty of Notification after Contract) relating to the apparent increase of risk, by intention or gross negligence of the insured.

C. The Deceased on September 26, 2015

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