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(영문) 서울중앙지방법원 2016.08.31 2015가단5340388
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 August 13, 2014, the Defendant entered into an insurance contract between B and B with the insured; B’s death in the event of the insured; the Plaintiff, the beneficiary, and the insurance amount with KRW 50 million in the event of the insured.

B died on May 27, 2015 in an acute fluence color.

B. From July 26, 2010, the Deceased who terminated the insurance contract had been diagnosed by high blood pressure at the Department C on the medical treatment of the deceased, the deceased has consistently been receiving medical treatment by taking the blood pressure congested by high blood pressure.

However, the Deceased did not notify the Defendant of this fact at the time of concluding the insurance contract.

On June 18, 2015, the Plaintiff claimed insurance money of KRW 50 million to the Defendant.

On July 6, 2015, the Defendant did not notify the Defendant of the fact that the Deceased used the blood pressure system at the time of concluding the insurance contract, and terminated the insurance contract on the ground of the breach of duty of disclosure.

[Reasons for Recognition] Facts without dispute, entry or video of Gap evidence Nos. 1 through 3 and 7 (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion does not constitute “important matters” subject to the duty of disclosure, and even if the deceased is subject to the duty of disclosure, the deceased died from stress caused by the aggravation of economic conditions due to business depression, and there is no causation between the breach of the duty of disclosure and the deceased’s death. The Plaintiff’s claim against the Defendant for the payment of insurance money following the deceased’s death.

B. Determination 1) When the policyholder or the insured fails to notify material facts intentionally or by gross negligence at the time of the insurance contract, the insurer may terminate the contract (main sentence of Article 651 of the Commercial Act). The insurer’s written questions are presumed to be material facts (see Article 651-2 of the Commercial Act, e.g., Supreme Court Decision 651-2, supra).

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