logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.06.21 2017나57698
채무부존재확인
Text

1. Revocation of the first instance judgment.

2. B was diagnosed by C Hospital on June 21, 2016 as inter-cell cancer (C22) and subject to diagnosis by C Hospital on September 10, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On January 2, 2015, the Plaintiff entered into each of the insurance contracts listed in the separate sheet No. 1, and the insurance contracts listed in the separate sheet No. 2, April 9, 2015 (hereinafter “each of the instant insurance contracts”) with the Defendant, respectively.

B. Of the terms and conditions of each of the instant insurance contracts, the content pertaining to the duty of disclosure is as follows.

Attached Form

In accordance with the terms and conditions of the insurance contract listed in the list 1, the provisions of the insurance contract correspond to Articles 15 and 16. Article 14 (In the case of the diagnosis contract, the contractor or the insured shall be notified at the time of subscription (in the case of the diagnosis contract, the health examination time) that they are aware of the matters asked in the letter of subscription (hereinafter referred to as "the obligation to notify before the contract," and the same as "the obligation to notify" under the Commercial Act).

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) The Company may terminate this Agreement regardless of the occurrence of damages, in the following cases:

(1) Where a contractor or an insured person (person subject to insurance) violates 14. (Duty to Notify before the contract) intentionally or by gross negligence and his/her duty falls under important matters.

C. The defendant and the insured B were asked questions as to the documents attached to the subscription at the time of entering into each of the instant insurance contracts [the duty of disclosure: the duty of disclosure]. Of them, the defendant and the insured were examined by doctors for the following 10 diseases (i.e., cancer, 200, c., high blood pressure, (iv) high blood pressure, (iv) c. c., cardiopulmonary c., (v) cardiopulmonary c., (vii) cardiopulmonary c., h.m. (cerebriform, cerebr., cerebr.), 9 c.m. and HIV infection within the last five years.

arrow