보험금
1. Revocation of the first instance judgment.
2. All of the plaintiffs' claims are dismissed.
3. The plaintiffs' total costs of litigation.
1. The reasoning for this part of the reasoning is the same as that of the judgment of the court of first instance, and thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The instant accident, which determined the cause of the claim, constitutes an insurance accident stipulated in each of the instant insurance contracts, and the fact that the sum of the insurance proceeds therefrom is 834,393,945 is not a dispute between the parties. Thus, barring any special circumstance, the Defendant is obligated to pay the Plaintiffs, who are beneficiaries and co-inheritors of the deceased, each share of the above insurance proceeds (=834,393,945 won x below 1/2, and less than KRW 1/2) and damages for delay.
3. Judgment on the defendant's defense
A. After entering into each of the instant insurance contracts, the Deceased violated the duty to notify under Article 652(1) of the Commercial Act (hereinafter “Duty to notify under the Commercial Act”) and the duty to notify after the contract under the terms and conditions of the instant contract (hereinafter “Duty to notify”) by failing to notify the Defendant, while using the electric wheelchairs of the instant case, after concluding each of the instant insurance contracts.
Accordingly, the defendant terminated each of the insurance contracts of this case on the grounds of violation of the notification obligation under the Commercial Act and the terms and conditions of the deceased, and as a result, the defendant is not liable for paying insurance money
B. Whether a contract holder or the insured (hereinafter collectively referred to as "contractor, etc.") has violated a duty to notify under the Commercial Act is informed of the fact that the risk of the occurrence of an accident is significantly changed or increased during the insurance period (Article 652(1) of the Commercial Act, and the fact that the risk of the occurrence of an accident is significantly changed or increased, in this context, refers to the fact that the insurer did not enter into the contract or that at least the insurance premium is deemed not to have been insured, if the risk of the alteration or increase exists at the time of the conclusion of the insurance contract.