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The appeal is dismissed.
The costs of appeal are assessed against the plaintiff (Counterclaim defendant).
Reasons
The grounds of appeal are examined.
1. Under Article 638-3(1) of the Commercial Act and Article 3 of the Regulation of Standardized Contracts Act, an insurer and a person engaged in the conclusion or solicitation of insurance contracts with the insurer are obligated to explain the important contents of the insurance contract, such as the content of the insurance contract, the system of insurance premium rates, changes in the entry in the written subscription, exemption from liability of the insurer, etc., which are contained in the terms and conditions of the insurance contract, to the policyholder or the insured. Thus, if the insurer violates such obligation to explain the terms and conditions, the insurer cannot claim
However, even if a matter falls under the important contents of an insurance contract, if a policyholder or his/her agent is well aware of the important contents of the insurance contract, or if there is a matter that can be sufficiently predicted by the policyholder without any separate explanation because it is general and common to the transaction, or is merely a matter that is merely a matter that is provided for in the laws and regulations, the insurer cannot be deemed to have an obligation to explain
(see, e.g., Supreme Court Decision 2005Da60017, Jan. 26, 2006). 2. The record reveals the following facts.
In other words, the insurance contract of this case is a contract that pays an amount calculated by multiplying the amount of disability insurance by the disability payment rate when the disability payment rate is less than 80% as stipulated in the Disability Classification Table due to an injury that occurred during the insurance period.
However, Article 3(8) of the Special Terms and Conditions for the Injury and Death of the instant case and the Disability Compensation (hereinafter “Special Terms and Conditions”) shall be deemed to have caused another disability on the same body part of the insured who had not been subject to the payment of the insurance proceeds for the harm of the latter, which was caused by the causes prior to or prior to the commencement of the guarantee of the said Special Terms and Conditions.