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(영문) 창원지방법원 2020.04.23 2019나54525
보험금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On February 6, 2017, C concluded an insurance contract with the Defendant, a company operating an insurance business, with the following content (hereinafter “instant insurance contract”).

The name of insurance product: D Securities Number: The insurance period of the Plaintiff: From February 6, 2017 to February 6, 2051 (Provided, That the period of insurance for the Plaintiff: from February 6, 2017 to February 6, 2051: ① Cancer 30 million won, ② cancer operation security 3 million won, ③ cancer operation (Renewal) security 200,000 won, ④ Direct hospitalization daily (1 to 180 days) security.

B. On December 16, 2017, the Plaintiff was diagnosed as having been suspected of being waste cancer at a F Hospital located in Si/Gu in Si/Gu.

C. On February 6, 2018, the Defendant: (a) prepared a guide with the following content (hereinafter “instant guide”) on the grounds that C had unpaid insurance proceeds from November 2017 in relation to the instant insurance contract; (b) entered the sealed envelope into the right-hand side of the envelope and sent it by means of registered mail at H at si.

It is known that the insurance contract C, A(Plaintiff) is invalidated as of February 1, 2018 according to the insurance terms and conditions and Article 650 of the Commercial Act because the consumer purchase insurance contract did not pay the insurance premium after the final payment date.

☞ 만약, 지난달에 “보험료 미납일에 따른 납입 안내”를 받지 못하신 경우 본 안내문을 받으신 날로부터 14일 이내에 연체된 보험료를 납입하셔야 하며, 이 기간 동안 보험료가 납입되지 않은 경우 본 안내문의 수령일로부터 15일이 되는 날 아래의 보험계약은 효력상실(해지)됩니다. 라.

On February 13, 2018, the Plaintiff received the registered mail as C’s spouse at the same domicile.

E. C concluded a restoration contract with the Defendant on March 14, 2018 regarding the instant insurance contract.

F. On April 17, 2018, the Plaintiff was confirmed to be waste cancer at G Hospital, and was on the same day through chest for the treatment thereof.

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