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(영문) 서울중앙지방법원 2017.09.06 2017가합506917

보험계약해지 무효 확인의 소 등

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

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

Reasons

1. Basic facts

A. 1) The Plaintiff, an insurance solicitor of the Defendant’s insurance agency B, is an insurance policyholder of the Defendant’s insurance agency C (hereinafter “instant insurance”).

(B) The term “insurance subscription date” is written as of May 8, 2014 with respect to the instant insurance (the term “insurance subscription date” refers to the term “insurance subscription date” as of May 8, 2014.

(2) Furthermore, on May 8, 2014, KRW 41,000 of the instant insurance premium was transferred to a virtual account under the name of the Defendant by an insurance solicitor C, and thereafter, the insurance premium of KRW 41,000 was paid every month from June 23, 2014 to January 21, 2016. (2) The instant insurance subscription is indicated as follows with respect to the obligations to be notified prior to the contract:

Within the past five years, whether a medical doctor has received the following medical practices through a medical examination or examination; whether a medical doctor has received the following medical practices through a medical examination or examination; whether a medical doctor has received the following medical practices from the medical doctor during the recent five years; the medical examination and treatment contents of the surgery from the hospital for treatment to the hospital for treatment purposes, and whether a person completely recovers from the re-treatment of treatment experience in the hospital for treatment purposes, or from the hospital for treatment in the womb (one-day hospital for treatment in the first place) to the hospital for treatment in the first place on January 2013 (one-day hospital)

B. Of the instant insurance terms and conditions, the provisions on the termination of the insurance contract are as follows.

The mandatory policyholder or the insured shall be informed of the fact that he/she is aware of the matters asked in the written application at the time of subscription.

Where the policyholder or the insured violates the duty to notify the whole contract by intention or gross negligence, and the obligation constitutes an important matter (matters affecting the occurrence of the obligation to pay insurance proceeds), the contract may be terminated regardless of the occurrence of damage.

C. The Plaintiff filed a claim for hospitalization and insurance money with D Hospital from June 30, 2015 to August 1, 2015, for which hospitalized treatment was rendered at D Hospital due to vertebrate electric ebrate (hereinafter “instant disease”), etc., and the Plaintiff.