beta
(영문) 수원지방법원안산지원 2017.07.06 2015가합22103

보험금

Text

1. Attached Form 2 to the Defendant (Counterclaim Defendant) of the Plaintiff (Counterclaim Defendant) due to an insured event as shown in Attached Form 1.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiff is a company running the insurance business.

On November 27, 2012, the Plaintiff entered into an insurance contract with the Defendant listed in attached Form 2 (hereinafter “instant insurance contract”) and received the premium from the Defendant from November 201 to October 2014.

B. As part of the subscription of the instant insurance contract, the upper part of the part of the “matters to be notified prior to the contract” states, “The following matters concerning the insured are materials necessary for the company to accept the subscription of the insurance contract, and thus the policyholder and the insured shall also be informed of the fact. Where the following matters (No. 1-12) are not notified of the truth or are notified differently from the fact, the subscription of the insurance may be refused, and in particular, where the content falls under important matters, regardless of the intention of the policyholder or the insured, the contract may be terminated or restricted pursuant to the effect clause of the breach of the obligation to notify prior to the contract.”

The Defendant responded to the foregoing “matters to be notified before the contract” as follows: (a) the items of question 1 are “no”.

Then, there was a separate description that requires the accurate entry of the name of the disease, the content of the treatment, the treatment method, etc. in the case of responding to the “equitable”.

1. Within the last three months, the following medical practices have been conducted by a doctor through a medical examination or examination, 1) 2) 3) 4) 5) 5) 5 (3) 5) 5) 6 (including a king (including a king), 6) 6) 6, and 6 (including a medical examination, and it is not issued by a medical doctor a medical certificate or a medical opinion:

C. Meanwhile, during the period from August 17, 2009 to November 15, 2012, the Defendant was able to conduct a tracking and inspection of the back of the back bank once a year at the Bowal Hospital.