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(영문) 서울중앙지방법원 2015.04.17 2014가합583234
보험에관한 소송
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C, the spouse of the Plaintiff, was examined at the Jeju oriental medical hospital on August 11, 2009.

When symptoms were found on the right side side of C at the time of health examination, the doctor in charge issued a written request for medical treatment at the third hospital on the same day.

B. C underwent a chest CT inspection at the Hanyang University Hospital on March 12, 2010, both of which were confirmed as a result of the examination.

However, the doctor in charge does not seem to be in a position to suspect the disease such as malicious species, and ordered C to take a medical examination again within one year.

C. On February 8, 2011, the Plaintiff concluded the instant insurance contract with the Defendant for the purpose of guaranteeing medical expenses for disease treatment, etc. by using the insured as C.

At this time, the Plaintiff and C prepared an application for an insurance contract, stating that all of the following questions pertaining to the insured are “no”:

In the past 8th three months, the following medical practices have been conducted by a doctor through a medical examination or examination during the period of eight recent months, which is not an obligation to notify the contract before the contract, including the medical examination or health examination, and the diagnosis or examination of the disease is issued by a doctor.

10. Whether there is a fact that a doctor has undergone an additional test (re-examination) through a medical examination or examination during the last one year;

D. C around April 2012, 2012, received medical treatment from a hospital in any traffic accident.

When the difference was discovered on the left-hand side of the treatment process at the time, C transferred to the National University Hospital for the close inspection of the relevant father, and as a result, it was diagnosed on July 2012.

E. The Defendant, on the ground that the instant insurance contract was concluded in violation of the duty of disclosure, decides to maintain or terminate the said insurance contract on a condition.

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