채무부존재확인
1. Revocation of the first instance judgment.
2. As to the accidents described in paragraph 2 of the attached list, it is listed in paragraph 1 of the attached list.
1. (1) On March 31, 2015, the Defendant, who is an insurer, and the husband C of the Defendant, who is the insured, died due to injury, was paid KRW 100 million as insurance money by the Defendant, who is the beneficiary, but the insurance period was concluded with the content that the insurance period up to March 31, 2057 (the same as the attached Table 1; hereinafter referred to as “instant insurance contract”).
(2) Article 14 of the Terms and Conditions applied to the instant insurance contract provides that “A contractor or the insured shall inform the contractor or the insured of the fact that he/she knows about the matters asked in the subscription form when he/she makes an offer (the same shall apply to the duty of disclosure under the Commercial Act).” Article 16 of the same Act provides that “Where the contractor or the insured violates the duty of disclosure of the contract under Article 14 on purpose or by gross negligence and falls under important matters, the company may terminate the contract. Where the contract is terminated after the cause for the payment of insurance proceeds occurs, the company shall not pay insurance proceeds, but where the contract is terminated after the cause for the payment of insurance proceeds, the contractor, the insured or the beneficiary proves that the
(3) At the time of entering into the instant insurance contract, the Defendant responded to the question “no” as “no” in all questions, including ① final diagnosis of disease, ② diagnosis of disease, ③ treatment of disease, ④ hospitalization, ⑤ surgery, and medication, during the latest three months, whether the Defendant used narcotics or used drugs at all times during the period of the latest three months, and “no”, and “no” during the latest five years.