1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasons for this part of the facts of recognition are the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of the plaintiff's assertion

A. The Defendant had been diagnosed by high blood pressure, which is a risk of brain stroke before the instant insurance contract. This constitutes a case where an insurance accident had already occurred before the instant insurance contract was concluded, and thus, the instant insurance contract is null and void in accordance with Article 644 of the Commercial Act.

B. The Defendant did not notify the above important matters when entering into the instant insurance contract even though it had diagnosed and treated high blood pressure and urology before entering into the instant insurance contract.

On March 31, 2017, the Plaintiff became aware of the same fact through a damage evaluation report, and on April 2, 2017, the Plaintiff lawfully terminated the instant insurance contract pursuant to Article 19(1)1 of the instant insurance contract and Article 651 of the Commercial Act.

C. Therefore, since the instant insurance contract was null and void or lawfully terminated, the Plaintiff did not have a duty to pay insurance money to the Defendant pursuant to Article 19(4) of the General Terms and Conditions of Insurance and Article 655 of the Commercial Act.

3. Determination

A. Determination as to the invalidity of an insurance contract under Article 644 of the Commercial Act provides that an insurance contract shall be invalidated at the time of the occurrence of an insurance accident at the time of the insurance contract. Thus, even if the occurrence of an insurance accident is inevitable upon the lapse of time, the insurance contract shall not be invalidated by applying Article 644 of the Commercial Act, unless the insurance accident has already occurred at the time of the conclusion of the insurance contract (see Supreme Court Decision 2010Da66835, Dec. 9, 2010). 2) The fact that the Defendant was receiving medical treatment after receiving a high blood pressure diagnosis from April 13, 2010, and that the Defendant was receiving hospital treatment after receiving the diagnosis of a prop set-off transfusion on February 6, 2017.