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(영문) 대전고등법원 2018.05.16 2017나15100

채무부존재확인

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, on the ground that the court of first instance citing this case is identical to the reasoning of the judgment of the court of first instance,

2. The 3rd part of the judgment of the court of first instance, in which the 3rd part of the judgment of the court of first instance was completely used, and the 6th part of the judgment "A No. 13 to 15" is added following the 16th part.

Article 25 (Obligation to Notify After Entering into an accident insurance contract) (1) of the General Terms and Conditions of the First Insurance Contract of this case (the subject of insurance) (the subject of insurance) shall, in the event that the insured (the subject of insurance) changes his occupation or duty (including the case where the driver changes his occupation or duty to his own driver) during the insurance period, or where he continuously uses a two-wheeled automobile or motor bicycle, notify the company without delay.

Article 26 (Effect of Violation of Obligation to Notify) (1) The Company may terminate this contract, regardless of the occurrence of damages, in the following cases:

(b)

2. When the insured (person subject to insurance) or the insured (person subject to insurance) changes his occupation or duty (including the case where the self-employed driver changes his occupation or duty as a driver), or continuously uses a two-wheeled motor vehicle or motor bicycle during the insurance period, without delay, when he fails to perform his duty to inform after concluding a contract prescribed in Article 25 (1) that is clearly related to the increase of risk (the duty to inform after concluding an accident insurance contract).

Article 8 (Effect of Violation of Obligation to Notify) (2) In addition to paragraph (1), Article 7 (1) shall apply to an increase in obvious danger.