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(영문) 전주지방법원 2020.07.15 2019나5256

보험금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following "2. Additional determination" to the assertion that the plaintiff addss to this court, and therefore, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The Plaintiff’s assertion that the Defendant neglected to explain the definition and diagnosis method of cancer, which is an important content of the instant insurance contract, and violated the duty to explain. Thus, the Defendant may not refuse payment of insurance money with the terms and conditions that were not explained.

B. Determination 1) Generally, an insurer and a person engaged in the conclusion or solicitation of an insurance contract are obliged to provide a policyholder or the insured with specific and detailed explanation and explanation of the important contents of the insurance contract, such as the content of the insurance product, the system of premium rates, and changes in the entries in the written subscription for insurance, which are contained in the insurance contract. Thus, if the insurer concludes the insurance contract in violation of such duty to specify and explain the terms and conditions, it cannot be asserted as the content of the insurance contract. However, the insurer’s explanation and explanation of the terms and conditions are acknowledged as grounds to avoid unexpected disadvantages to the policyholder as they are the content of the contract, while the policyholder is unaware of the terms and conditions. Thus, even if the terms and conditions are stipulated in the insurance contract, it is general and common in the transaction, and thus, if the policyholder could have sufficiently predicted without any separate explanation, or if it is merely a degree of confising or delaying the contents already stipulated in the Acts and subordinate statutes, it cannot be deemed that the insurer has an obligation to explain and explain such