보험금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for cases where the part 2 to 6 on the 5th day of the judgment of the court of first instance was cut together with "the part 9 on the 2nd day above", and thus, it is acceptable as it is in accordance with the main sentence of Article 420
2. The insurer of the whole part of the insurance contract and the persons engaged in the conclusion or solicitation of the insurance contract shall, when concluding the insurance contract, issue the insurance clauses to the policyholders or the insured, and have specific and detailed description and explanation of the important contents of the insurance contract, such as the contents of the insurance contract, the system of insurance premium rates and changes in the entries in the written subscription for the insurance contract, etc. Therefore, when the insurer concludes the insurance contract in violation of such duty to deliver and explain the said insurance clauses, the insurer may not claim the contents of
(2) In the event a policyholder or his/her agent becomes aware of the substance of an insurance contract, the insurer does not need to separately explain the content of the insurance contract, as it constitutes an important content of the insurance contract, even if it falls under the important content of the insurance contract. However, in a case where a policyholder or his/her agent becomes aware of the substance of the contract in general and common to the transaction, and thus, the policyholder or his/her agent could have sufficiently predicted the content of the contract without any separate explanation.
(See Supreme Court Decision 2004Da26164, 26171 Decided December 9, 2005, etc.). We examine the instant case in light of the aforementioned legal doctrine.
According to the statement in Eul evidence No. 1, the terms and conditions of the insurance contract of this case generally guarantee from the time of receiving the first insurance premium, but in case of cancer, if the insured is 15 years of age or older, the date following the 90th day after the date of commencement of the insurance contract shall be the day before the date of commencement of the insurance contract.