손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts below the underlying facts may be admitted by adding up the whole purport of the pleadings to each entry in Gap evidence 1 to 12, Eul evidence 1, and Eul evidence 2 (including these corresponding numbers).
On June 27, 2006, the Plaintiff and the Defendant (former: C Co., Ltd.) concluded a D Insurance Contract (Insurance Policy Number E; hereinafter “instant 1 Insurance Contract”) with the insurer as the Defendant and the insured as the Plaintiff.
On May 2008, the Plaintiff received the diagnosis of the escape certificate of light signboards and claimed insurance money to the Defendant. However, on August 31, 2008, the Defendant notified the Plaintiff of the content that “The Plaintiff shall terminate the insurance contract in violation of its duty to inform the Plaintiff before entering into the insurance contract of this case on the ground that the escape certificate of light signboards of the Plaintiff is not directly caused by a disaster, but due to changes in the efficienity of spine, and thus, it is impossible to pay the examination benefit of residual disability. In addition, since the Plaintiff received medical treatment by receiving the diagnosis of Gap's sample species and sules before entering into the insurance contract of this case.”
B. Accordingly, the Plaintiff filed a lawsuit against the Defendant for payment of KRW 8,280,000 insurance money under the insurance contract of this case as Cheongju District Court 2008Kaju Branch 18786, and on September 15, 2009, the court rendered a judgment ordering the Defendant to “payment of 5% per annum from November 28, 2008 to September 15, 2009, and 20% per annum from the next day to the day of full payment.”
The above judgment was finalized on October 16, 2009, and the defendant paid 2,953,274 won to the plaintiff on October 27, 2009.
C. The Plaintiff asserts that “the Defendant unilaterally terminated and handled the insurance contract of this case in the above litigation proceedings, and submitted false terms and conditions by amending the terms and conditions,” and the Plaintiff against the Defendant, other than the insurance contract of this case as the Cheongju District Court Branching 2010 Ghana12071.