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(영문) 서울중앙지방법원 2019.05.17 2017나86240
보험금
Text

1. Revocation of the first instance judgment.

2. The plaintiffs' claims are dismissed.

3. The costs of the lawsuit are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. The status of the parties A is that the deceased’s spouse, Plaintiff B, and C of the deceased E (hereinafter “the deceased”) are the children of the deceased and Plaintiff A SlB, and are co-inheritorss of the deceased.

The Defendant is an insurer who entered into a F insurance contract with the Deceased (hereinafter “instant insurance contract”).

B. On August 16, 2010, the Deceased and the Defendant entered into the instant insurance contract with the period from August 16, 2010 to August 16, 202, that the deceased will pay KRW 30 million in the event that the deceased dies due to a general injury during the insurance period. Of the terms and conditions of the instant insurance contract, the duty to inform the deceased and the motor bicycle relating to the continuous use of the two-wheeled automobile or motor bicycle (hereinafter “motor-wheeled automobile”) as follows:

Article 24 (Obligation to Notify before the contract) of the Insurance Terms and Conditions, such as the obligation to notify before the contract is entered into, or the insured (person subject to insurance) shall be informed of the fact that he/she is aware of the fact that he/she is asked at the time of subscription (in cases of a diagnosis contract, he/she refers to the time of health examination).

The obligations prescribed in Article 651 of the Commercial Act, and the policyholder or the insured shall be notified of the material fact that the insurance company has asked in writing at the time of subscription, and may be at a disadvantage such as cancellation of the insurance contract or payment of the insurance money in case of violation.

Article 25 (Obligation to Notify After Entering into an accident insurance contract) The policyholder or the insured (person insured) shall either change his occupation or duty (including the case where a self-employed driver changes his occupation or duty as a driver) during the insurance period, or use a two-wheeled automobile continuously.

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