logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.07.11 2017가단5156952
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 28, 2015, the Plaintiff concluded an insurance contract with the Defendant, the insurer, through the agent C, with the following content:

(hereinafter referred to as “instant insurance contract”): A beneficiary of death of D: A beneficiary of death of D: Period of the E contract: From January 28, 2015 to January 28, 2064 - Death of: 50,000,000 won - Cancer diagnosis expenses: 20,000,000 won - 11- Specific cancer diagnosis expenses: 10,000 won.

B. Of the terms and conditions of the instant insurance contract, the contents pertaining to the instant case are as follows.

Article 2(1) of the General Terms and Conditions (hereinafter referred to as “instant exemption clause”) provides that the contractor or the insured shall be informed of the fact that he is aware of the questions asked in the written subscription (in the case of a diagnosis contract, referring to the time of health diagnosis) at the time of offering (in the case of a diagnosis contract, referring to the time of health diagnosis).

However, in the case of a diagnosis contract, it may substitute for a medical examination as data to determine the health conditions, such as a copy of the medical examination certificate conducted by a workplace or an individual at a general hospital and a hospital pursuant to Article 3 (Medical Institution) of the Medical Service Act

Article 16 (Effect of Violation of Obligation to Notify) (1) In the event of the following facts, the defendant may terminate this contract regardless of the occurrence of damages:

1. Where the contractor or the insured violates Article 14 (Obligation to Notify before the contract is entered into) by intention or gross negligence, and the obligation constitutes an important matter. (2) Notwithstanding paragraph (1) 1, in any of the following cases, the defendant shall not terminate the contract:

1. Where a company knew or was not aware of such fact at the time of the initial contract;

2. Insurance proceeds from the time when the company becomes aware of such fact for at least one month, or from the time when it receives the first insurance premium;

arrow