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(영문) 광주지방법원 2016.01.07 2014가합50373

보험계약해지무효확인 등

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1. As to each insurance contract entered into between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) in the separate sheet of insurance.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Plaintiff and the Defendant entered into each of the instant insurance contracts on October 14, 2010, the insured (a list of the attached insurance policies in which the Plaintiff is the Plaintiff).

1. In concluding a mutual aid agreement with non-resident love family members, the insured entered into a non-distribution special agreement, such as Paragraph 4 that the Defendant shall pay 30,000 won a day to the Plaintiff when the insured is hospitalized for the purpose of treatment directly due to disease and disaster (hereinafter “instant 1 insurance contract”).

(2) The Plaintiff and the Defendant: (a) on October 14, 2010, the attached insurance list Nos. 110, where the Plaintiff and the Defendant are the Plaintiff.

2. When concluding a mutual-aid agreement for non-distribution injury, the insured was hospitalized for the purpose of treatment directly due to disease and disaster, and the Defendant agreed to pay 30,000 won per day to the Plaintiff (hereinafter “instant second insurance contract”). In addition, the insurance contracts of this case No. 1 and 2 are collectively referred to as “each of the instant insurance contracts.”

3) As to the question of whether the Plaintiff subscribed to life insurance (mutual aid) or long-term damage insurance (mutual aid) with another insurance company or similar institution, among the matters of obligation to notify prior to the conclusion of each of the instant insurance contracts, the Plaintiff confirmed that 7 insurance contracts are subscribed to Samsung Bio-resources company. Meanwhile, among the terms and conditions of each of the instant insurance contracts, the mutual aid agreement of each of the instant insurance contracts provides for the following matters regarding the obligation to notify prior to the conclusion of the contract to be prepared by the policyholder at the time of concluding the insurance contract

◎ 공제안내서 공제가입시 유의해야 할 사항은 다음과 같습니다.

It shall not be regarded as a disadvantage only if the obligation to inform the contract is observed.

When concluding a life mutual-aid contract, the duty to inform the contractor or the person subject to mutual-aid on the written subscription is important that the federation can exercise the right to terminate the contract.