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(영문) 창원지방법원 2016.12.15 2016가단8933
보험금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On March 27, 2014, E entered into a non-dividend hedging policy (hereinafter “instant insurance contract”) between the Defendant and the insurance period from March 27, 2014 to March 27, 2024, namely, the insured E, insurance premium of KRW 85,00, and beneficiary statutory heir at the time of death, with the beneficiary’s statutory heir, and the details of coverage are as follows.

· Revised cancer diagnostic costs: 20 million won and renewed high-quality cancer diagnostic costs: 20 million won and renewed specific cancer diagnostic costs: 10 million won and renewed type cancer death costs: 5 million won.

B. Among the general terms and conditions that apply the instant insurance contract, the contents related to the duty to notify prior to the contract are as shown in the attached Form.

C. On August 26, 2015, E died with the Plaintiff’s spouse A, Plaintiff B, C, and D as the heir due to the malicious fluoral disease of the backendar.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. The Plaintiffs’ assertion (1) are liable to pay KRW 11,66,660,660, Plaintiff B, Plaintiff C, and Plaintiff D, respectively, for cancer diagnosis and death benefit.

Although the Defendant asserted the termination of the instant insurance contract on the ground of the breach of duty of disclosure, the Defendant did not violate the duty of disclosure by notifying all of the injury, disease, and treatment known at the time of entering into the instant insurance contract.

(2) At the time of the conclusion of the instant insurance contract, Defendant E terminated the instant contract on the ground of the violation of the duty of disclosure, since Defendant E did not notify the additional inspection even after having received the additional inspection from a doctor after the examination.

B. (1) Determination as to the termination of the instant insurance contract due to the breach of duty of disclosure (i) “material fact” under Article 651 of the Commercial Act, which is the duty of the policyholder or the insured to notify the insurer at the time of the insurance contract, is the extension rate of the insurer’s burden of liability and liability resulting therefrom.

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