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(영문) 부산지방법원 2018.07.25 2017가합1243

보험금등

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. Article 15 (Obligation to Notify before the contract) of the conclusion of the insurance contract of this case, the contractor or the insured, upon making an offer (in the case of the diagnosis contract, the time of health examination) does not know the fact that he knows about the matters asked in the written offer (hereinafter “the obligation to notify before the contract”, and the same as “the obligation to notify” under the Commercial Act).

Article 17 (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. Each insurance contract on November 25, 2014, where the contractor or the insured violates Article 15 (Obligation to Notify before the contract) by intention or gross negligence, and the obligation constitutes an important matter, the Plaintiff and the Defendant, an insurance company, as the Plaintiff, entered as the insured in the separate sheet containing security related to cancer, such as cancer diagnosis expenses, cancer surgery expenses, and anti-radiation radiation treatment expenses (hereinafter collectively referred to as “instant insurance contract”).

(2) At the time of entering into the instant insurance contract, the Plaintiff entered into the instant insurance contract’s general terms and conditions as follows. At the time of entering into the instant insurance contract, the Plaintiff entered the instant insurance contract into an inquiry of “whether the Plaintiff had undergone an additional inspection (re-inspection) through a medical examination or examination within the last one year from a doctor within the past one year” as stipulated in paragraph (4) (hereinafter “instant inquiry”). In the response column, the Plaintiff entered the “no” column and signed it.

B. Plaintiff 1) However, on December 17, 2013, prior to the conclusion of the instant insurance contract, the Plaintiff underwent a health examination by the Health Promotion Council of the Korea Health Promotion Association, and received notification that an additional inspection is needed as a result of the examination of the examination of the shooting, and received an additional examination on January 28, 2014, and the result of the examination of the above protopy was subject to a protopy test.

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