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(영문) 수원지방법원평택지원 2019.10.31 2019가단53196
채무부존재확인
Text

1. Diagnosis costs incurred by the Defendant on the ground of an accident listed in the attached Table 2, based on the insurance contract indicated in the attached Table 1.

Reasons

1. Basic facts

A. On July 22, 2016, the Plaintiff concluded an insurance contract indicated in attached Table 1 (hereinafter “instant insurance contract”) with the Defendant as the insured on July 22, 2016 with C.

B. On July 14, 2016, the Defendant drafted an application for the instant insurance contract with a high blood pressure (in the latest five years, the Defendant responded to questions whether he/she had received the confirmation of disease, treatment, hospitalization, surgery, or medication by means of the diagnosis or examination from a doctor during the 11-year period of high blood pressure (the latest five years). In response, the Defendant responded to questions whether he/she had received the treatment, hospitalization, surgery, or medication.

C. On March 31, 2015, the Defendant, at the heart of the D Hospital, was prescribed for 30 days in the blood pressure congested pacta (30 days in the dial department).

In addition, according to the nursing records of the same hospital as of April 2, 2015, the disease history of the past and the recent medication column are laid down with each high blood pressure.

On September 28, 2018, the Defendant was diagnosed as a prop-free blood, and received the Human Content insertion on October 23, 2018, and on October 29, 2018, filed a claim for insurance proceeds as indicated in attached Table 2 with the Plaintiff (hereinafter “instant claim for insurance proceeds”).

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 5 and 9 (including paper numbers), and the purport of the whole pleading

2. Determination as to the cause of action

A. "Important matters" under Article 651 of the Commercial Act, which is an obligation of the policyholder or the insured to notify the insurer at the time of the insurance contract, means the standard for the insurer to determine whether to enter into the insurance contract or the content of the insurance contract, such as the addition of the premium or special exemption clause, by measuring the occurrence of the insurance accident and the extension rate of liability resulting therefrom, and if the insurer knows the fact objectively, the contract shall be concluded.

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