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(영문) 서울중앙지방법원 2015.12.10 2015가합514365

보험금

Text

1. With respect to the accidents described in paragraph 2 of the annex, time-limit for insurance contracts listed in paragraph 1 of the annex.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Defendant, on June 20, 2014, concluded the instant insurance contract with the Plaintiff, an insurance company, as indicated in attached Table 1 (hereinafter “instant insurance contract”).

(2) The part of the instant insurance contract’s “the obligation to inform before the contract is: the part related to the instant case among the “the obligation to notify before the contract” is as follows. The Defendant indicated the “no” column in the “no” column.

【Obligation to Notify before the contract: Paragraph 1 of Paragraph 1 of Article 15 of the 【Obligation to Notify before the contract’s contract’s conclusion: Whether a doctor has received the following medical practice through a medical examination or examination (hereinafter “the first question”) within the last three months, the contractor or the insured is aware of the fact that he/she knows about the matters asked to question in the subscription form at the time of subscription (hereinafter “the obligation to inform before the contract’s conclusion,” and the same as the obligation to notify in the Commercial Act).

[Termination of Contract due to Violation of Duty to Notify) Article 17 (Effect of Violation of Duty to Notify) (1) If a policyholder or the insured has failed to notify material facts intentionally or by gross negligence at the time of the insurance contract, or has made a false notification, the insurer may terminate the contract within one month from the date of becoming aware of such fact, or within three years from the date of the conclusion of the contract. However, this shall not apply in cases where the insurer knew of such fact at the time of the contract or was unable to know due to gross negligence. However, if the insurer knew of such fact or was unable to know of such fact at the time of the contract, the matters asked in writing by the insurer shall be presumed to be material facts.]

1. The contractor or the insured (person subject to insurance) shall be either intentionally or seriously;