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(영문) 의정부지방법원고양지원 2020.08.19 2019가단89094
보험금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The plaintiff A is the spouse of the deceased D (hereinafter "the deceased"), and the plaintiff B is the child of the deceased.

B. On October 25, 2017, the Deceased concluded an insurance contract in the same manner as the attached insurance details determined by the Defendant, the Deceased, and the beneficiary’s statutory heir of the death insurance money.

(hereinafter “instant insurance contract”). C.

At the time of the conclusion of the instant insurance contract, the Deceased indicated “no” on the column of “no” as to the question, “as the Deceased had received the following medical treatments from a doctor within the last five years through a medical examination or examination during the latest five years, the Deceased continued to be treated for at least 30 consecutive days for at least seven consecutive days during the hospitalization operation (including the sangnering operation).

On May 21, 2014, before the conclusion of the instant insurance contract, the Deceased was 30 days’ “Non-Cocoin 10mg”, which is a dynamic agents, after undergoing blood examination, at the F located in Pakistan, on May 22, 2014.

On October 13, 2014, the Deceased was re-determinedd for 30 days on October 16, 2014 after being subject to blood examination at the above hospital.

E. On January 25, 2019, the Deceased was first used in the 11:00 Campaign, and was sent to the hospital, but died at around 12:15 on the same day.

On March 6, 2019, the National Science Investigation Institute, which conducted the autopsy of the deceased, determined on March 6, 2019 that the private person of the deceased was a brudic disease (including the possibility of acute refluorous refluence

F. After the death of the Deceased, the Plaintiffs claimed insurance money under the instant insurance contract to the Defendant.

On May 21, 2019, the Defendant terminated the instant insurance contract on the ground that, at the time of the conclusion of the instant insurance contract, the Deceased did not notify the fact of medication for not less than 30 days regarding the “Duty to Notify before the conclusion of the contract,” and provided guidance that the Deceased does not pay insurance money on the grounds of the deceased’s violation and the death of the Deceased. The notice reached the Plaintiff A on May 22, 2019.

[Ground of recognition] Unsatisfy, Gap 1-4 evidence, Eul .

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