보험금
1.The judgment of the first instance shall be modified as follows:
Attached Form
(1) Attached Form (2) shall apply with respect to the insured events described.
1. The reasoning for this part of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, and thus, it is cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Summary of the parties’ assertion
A. The Defendant A and the Deceased did not notify the Plaintiff of this fact even though the Deceased’s assertion continued to use the two-wheeled automobile after the conclusion of the instant insurance contract.
Article 652 of the Commercial Act (Notice of Increase in Risk Change and Termination) (1) When the policyholder or the insured becomes aware of a significant change or increase in risk of the occurrence of an accident during the period of insurance, the Plaintiff must immediately notify the insurer.
If such contract has been neglected, the insurer may terminate the contract within one month from the day on which it becomes aware of such fact.
In accordance with Article 652(1) of the Commercial Act or Article 26(1) of the Terms and Conditions of the Insurance Contract of this case, the insurance contract of this case is terminated by serving the application of this case on the ground that it violated the obligation to notify after the contract of this case under Article 25(1) or the obligation to notify after the contract of this case (hereinafter “Duty to notify”) and thus, the Plaintiff
B. Article 25(1) of the Terms and Conditions of the Insurance Contract of this case and Article 26(1) of the Terms and Conditions of the same case’s assertion by the Defendants constitute grounds for termination of the insurance contract and constitutes an important matter of the contract.
However, upon entering into the instant insurance contract, the Plaintiff did not explain the said terms and conditions to Defendant A.
Therefore, the Plaintiff cannot terminate the insurance contract of this case on the ground of Defendant A’s violation of the duty to notify, and the Plaintiff is obligated to pay the insurance money to the Defendants, the beneficiary.
3. Determination
A. Article 652(1) of the Commercial Act provides that “The risk of the occurrence of an accident is significantly changed or increased” is “the fact that the defendant violated his duty to notify.”