손해배상금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
The reasoning for the court of this case is as stated in the reasoning of the judgment of the court of first instance, except for adding a judgment on the plaintiff's assertion as follows. Thus, this Court shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The plaintiff asserts that since D, an insurance solicitor of the defendant, did not explain to the plaintiff the change of the subject matter of insurance due to the obligation to inform the plaintiff of the change of the subject matter of insurance, the plaintiff did not change the subject matter of insurance as 531,532 of the building of this case. Thus, the defendant is liable to compensate the plaintiff for damages equivalent to the insurance amount due to the violation of the duty
In general, the insurer and the persons engaged in the conclusion or solicitation of insurance contracts shall, when concluding the insurance contracts, specify and explain the important contents of the insurance contracts, such as the contents of the insurance products, the system of insurance premium rates, changes in the entries in the written subscription, etc., which are contained in the terms and conditions of the insurance.
However, the recognition of such duty to specify and explain is based on the fact that an insurance policyholder is subject to unexpected disadvantages because of the important matters of the terms and conditions as the contents of a contract, while the insurance policyholder was unaware of such terms and conditions. Thus, even if the terms and conditions of a contract are prescribed, if a matter already known or could have been sufficiently anticipated without a separate explanation, or if a matter is merely a matter that leads to the extension or extension of the contents already known, it cannot be said that the insurer has the duty to specify and explain such matters.
(Supreme Court Decision 98Da62909, 62916 delivered on July 4, 200). According to the evidence No. 1, Article 33(1)6 of the instant insurance terms and conditions are as follows.