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의정부지방법원 2018.05.10 2017나211833

1. The plaintiff's appeal and the plaintiff's claim added in the trial are all dismissed.

2. After an appeal is filed.


1. Basic facts

A. On May 9, 2012, the Plaintiff entered into an insurance contract on the attached list No. 1 (hereinafter “No. 1 insurance contract”) with the Defendant, an insurance company, but the Plaintiff did not pay the fourth insurance premium (as August 2012) by the maximum payment period, the first insurance contract was terminated on October 3, 2012.

B. On April 8, 2014, the Plaintiff concluded an insurance contract indicated in attached Table 2 (hereinafter “Class 2 insurance contract”) with the Defendant.

C. On August 30, 2015, the Plaintiff was faced with the Plaintiff’s left side and partly cut off (hereinafter “instant accident”). D. The Plaintiff was faced with the Plaintiff’s accident where the vehicle was driven by the vehicle while driving the vehicle on the street near the Seodaemun-si Construction Corporation.

On February 8, 2017, the Plaintiff was finally diagnosed by the injury and disease called “brings, Madnas Madz’s disease”.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5, 8, Eul evidence Nos. 1 to 6, 9 (including paper numbers) or the purport of the whole pleadings

2. Judgment on the main claim

A. The Plaintiff’s assertion is partially interrupted due to the instant accident, and was diagnosed with dementia, and thus, the Defendant is obligated to pay the Plaintiff insurance proceeds in accordance with the insurance contract Nos. 1 and 2.

B. Determination 1) As seen earlier, Article 1 insurance contract of the first insurance contract is already terminated on October 3, 2012, prior to the occurrence of the instant accident, and thus, injury, disease, etc. resulting from the instant accident is not subject to the guarantee of the first insurance contract. The Plaintiff’s assertion on this part is without merit and without merit. 2) The Plaintiff’s second insurance contract of the instant case was partially interrupted due to the instant accident, and was finally diagnosed on dementia on February 8, 2017.

However, according to the statements or voices of Eul Nos. 2, 4, 7, 8, and 10, the second insurance contract is during the insurance period.