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1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from November 17, 2016 to the date of full payment.
Reasons
1. Basic facts
A. On April 18, 2008, the Plaintiff entered into an insurance contract with the Defendant on April 18, 2008, with the terms and conditions of the instant insurance contract (hereinafter “instant insurance contract”). Moreover, on August 29, 2008, the Plaintiff entered into an insurance contract (hereinafter “instant insurance contract”). The main contents of the terms and conditions of the instant insurance contract are as follows.
(1) Article 24 (Obligation to Notify before the contract) of the General Terms and Conditions (hereinafter “this case’s General Terms and Conditions”), the policyholders, the insured (persons insured), or their agents are bound to inform the fact that they are aware of the fact that they are asked at the time of subscription (including the time of health examination if they undergo health examination) (hereinafter “the obligation to notify before the contract” and “the obligation to notify” under the Commercial Act).
However, the health examination may be substituted by data to determine the health conditions, such as a copy of the health examination conducted by the workplace or an individual at a general hospital and hospital as provided by Article 3 (Medical Institution) of the Medical Service Act.
Article 26 (Effect of Violation of Obligation to Notify) (1) The Company may terminate this contract regardless of the occurrence of damages, in the following cases:
1. If the contractor, the insured (subject to insurance), or their agents intentionally or by gross negligence violate Article 24 (Obligation to Notify before the contract), and if the termination of the contract by a dam belt is caused after the occurrence of material damage, the company shall compensate for the damage, and shall notify the contractor in writing of the material reasons for which the obligation to identify before the contract is material as well as the fact of the breach of obligation to identify before the contract.
In addition, in this case, there are many of the refund money for cancellation or the already paid premium.