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1. On June 9, 2015, the Plaintiff (Counterclaim Defendant) based on the insurance contract indicated in the attached Form, as to the death of E from pulmonary cancer on June 9, 2015.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On March 6, 2014, E entered into an insurance contract (hereinafter “instant insurance contract”) with the Plaintiff, on the basis of the following: (a) if E is subject to cancer diagnosis, it would be limited to KRW 20,000,00 according to the weapons of cancer; and (b) the content of the insurance payment as a main contract.
E, upon entering into the instant insurance contract, subscribed to the instant policy for cancer death, “if it is diagnosed and confirmed as cancer, A, or other skin cancer after the date of commencement of guarantee during the insurance period, and such cancer, A, or other skin cancer died during the insurance period (at least one year after the date of the insurance contract), 60,000 won of the insurance money (at least one year after the date of the insurance contract), or 30,000,000 won of the insurance money (at less than one year after the date of the insurance contract).”
B. The terms and conditions of the instant insurance contract provide that “the contractor or the insured shall inform the policyholder of the fact that he/she knows about the matters asked in the subscription form at the time of subscription,” and with respect to the effect of breach of the duty to notify prior to the contract, “the company may terminate the contract regardless of the occurrence of damages, where the contractor or the insured violates the duty to notify prior to the contract by intention or gross negligence and the obligation falls under important matters.”
C. At the time of the conclusion of the instant insurance contract, E indicated the following questions with the doctor’s diagnosis or examination of the following 10th disease (the diagnosis, treatment, hospitalization, surgery, medication) during the latest five years, as the duty to inform the prior contract to the contract, and only stated that he was subject to pharmacologic treatment due to cardioficial color.