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(영문) 서울남부지방법원 2013.10.10 2012가합11205
채무부존재확인
Text

1. Death insurance money for the Defendant (Counterclaim Plaintiff) of the Plaintiff (Counterclaim Defendant) based on the insurance contract indicated in the attached Form.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff entered into each of the instant insurance contracts with the deceased D (hereinafter “the Deceased”), ① the insurance contract listed in Attachment No. 1 (hereinafter “instant insurance contract”) on January 12, 2012, and ② the insurance contract listed in Attachment No. 2 (2) on November 18, 1998 (hereinafter “instant insurance contract”) respectively.

According to each of the instant insurance contracts, where the insured dies due to injury, 140 million won is paid in the first insurance contract, and 10 million won in the second insurance contract.

B. In the first insurance contract, in violation of the deceased's duty of disclosure in the first insurance contract, the policyholder and the insured (person subject to insurance) shall be able to refuse the insurance if they are able to inform the policyholder of the fact, and if they do not notify the fact or are different from the fact, they may be restricted or the contract may be terminated. In particular, if the content falls under important matters, it shall be restricted or the contract may be terminated. In addition, in Paragraph 9 of the "Notification of the Obligation before the contract" (within the last five years), the following medical practice was conducted through a medical examination or examination (within the last five years) 4) medication [10th disease] (3) medication, [10th disease] high-tension high-tension high-tension disease (the pertinent matter], high-tension high-tension high-tension high-tech disease (the so-called "this is limited, and the contract may be terminated."

On the other hand, this is true.

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