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(영문) 대전지방법원 2017.11.24 2017나105911
부당이득금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Reasons

1. Facts of recognition;

A. On October 8, 2015, the Defendant entered into an insurance contract with the Plaintiff, each of the Defendant, and each of the insured and beneficiaries of the survival insurance, with the insurance period from October 8, 2015 to October 8, 2067, “non-dividend professional propyr comprehensive insurance 1510” (hereinafter “No. 1 insurance contract”) and the insurance accident from October 8, 2015 (hereinafter “No. 1 insurance contract”), with the injury inflicted injury inflicted on the insured, injury inflicted on the insured and beneficiaries of the life insurance, the insured and beneficiaries of the life insurance period from October 8, 2015 to October 8, 2035 (hereinafter “No. 2 insurance contract”).

B. The relevant provisions of each of the instant insurance contracts are as follows.

14. (Obligation to Notify before Contract) The contractor or the insured shall be informed of the fact that he is aware of the fact that he is asked at the time of subscription (in the case of a diagnosis contract, the time of health examination) in the written subscription (hereinafter referred to as “pre-contract notification obligation”, and the same as “Duty to Notify” under the Commercial Act).

However, in the case of a diagnosis contract, it may substitute for a medical examination as data to determine the health conditions, such as a copy of the medical examination certificate conducted by a workplace or an individual at a general hospital and a hospital pursuant to Article 3 (Medical Institution) of the Medical Service Act

16. (Effect of Violation of Obligation to Notify) The Company may terminate this Agreement regardless of the occurrence of damages, in the following cases:

1. If the contractor or the insured violates 14. (Duty to Notify before the contract) intentionally or by gross negligence and the obligation constitutes an important matter, the company may not terminate the contract in any of the following cases:

(1)

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