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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Facts of recognition
A. The Plaintiff is a corporation running various insurance business, including non-life insurance business, and the Defendant is a policyholder and the insured who concluded the instant insurance contract with the Plaintiff as follows.
B. On May 4, 2016, the Plaintiff concluded the instant insurance contract with the Defendant (hereinafter “instant insurance contract”) (hereinafter “instant insurance contract”).
The terms and conditions of the above insurance contract are as follows. Article 15 (Obligation to Notify before the contract) contractor or the insured are aware of the matters asked in the subscription form at the time of subscription (hereinafter “Obligation to notify before the contract”) and are identical with the obligation to notify under the Commercial Act.
Article 16 (Effect of Violation of Duty to Notify). ① The company may terminate this contract regardless of whether or not damage has occurred if the contractor or the insured intentionally or by gross negligence violates Article 15 (Obligation to Notify before the contract) and if the obligation falls under important matters. ④ If the termination of the contract pursuant to paragraph (1) is made after the cause for payment of insurance money has occurred, the company shall not pay insurance money, and if the contract is made after the cause for payment of insurance money has occurred, the company shall not pay insurance money, and if the obligation to notify before the contract is material, it shall be notified in writing to the contractor in the reason that the obligation to notify before the contract falls under important matters. ② On the other hand, at the time of the conclusion of the insurance contract in this case, paragraph (4) of the “the fact that the defendant has undergone an additional examination (re-examination) by a doctor within the last one year,” and “within the last three months, it shall be notified in writing from the doctor or examination as follows: