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(영문) 부산지방법원서부지원 2019.01.31 2017가합102933

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) On February 11, 2010, the Plaintiff entered into an insurance contract with the Defendant with the same content as the attached list (hereinafter “instant insurance contract”).

(2) The content of the instant insurance contract’s guarantee includes a special agreement that provides KRW 30,00 per day of injury hospitalization and KRW 20,00 per day of disease hospitalization.

3) The general terms and conditions of the instant insurance contract (hereinafter “instant insurance terms and conditions”).

The parts related to this case in Section 4 are as follows. The contractor, the insured, or their agents are aware of the fact that they are asked at the time of subscription (including the time of health examination where they are subject to health examination), such as the contractor's obligation to inform the contractor of the pre-contract at the time of the insurance contract in Section 4, that they are true (hereinafter referred to as "the obligation to inform the pre-contract"), and are same as "the obligation to notify" under the Commercial Act.

Article 34 (Effect of Violation of Obligation to Notify) ① The Company may terminate this contract, regardless of the occurrence of damages, in the following cases: 1. Where the contractor, the insured, or his/her representative violates Article 32 (Obligation to Notify before the contract) intentionally or by gross negligence, and where the obligation falls under important matters, the Company may not terminate the contract, notwithstanding paragraph 1(1). 2. The Company shall not terminate the contract in any of the following cases for more than one month from the date on which it becomes aware of the fact, or for more than one year from the date on which it becomes aware of the fact, or for more than two years (in the case of the insured who has undergone health examination, one year shall expire:

B. The Defendant, after entering into the instant insurance contract, was hospitalized for 10 days in total as shown below for 191 days from February 16, 2010 to January 17, 2017, after entering into the instant insurance contract. As to this, the Defendant was hospitalized for 10 days in total from February 16, 2010 to January 17, 201.

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