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(영문) 서울중앙지방법원 2018.06.22 2017나44925
보험금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On January 16, 2015, Plaintiff B (hereinafter “the deceased”) concluded an insurance contract with the Defendant for “1501 comprehensive insurance regardless of whether the Defendant’s life is profa,” with the following content (hereinafter “instant insurance contract”).

(A) Insurance period: From January 16, 2015 to January 16, 2092, the insured worker: The beneficiary of the deceased’s occupation and duty: The beneficiary of the deceased’s death benefit of agricultural and fishery products: The content of guarantee of the insured’s statutory heir: [Special Terms and Conditions] 200,000,000 won at the time of death or injury.

B. Of the general terms and conditions applicable to the instant insurance contract (hereinafter “instant general terms and conditions”), the contractor or the insured, at the time of making an offer (in the case of a diagnosis contract, the time of health examination) shall be the time of making an offer (in the case of a diagnosis contract, shall be the time of health examination), shall inform the fact that they are aware of the matters asked in the written offer (hereinafter “the duty to notify before the contract” and “the obligation to notify”

(hereinafter "Duty of Notice") . 15. (Duty of Notice after Contract) The contractor or the insured shall, without delay, inform the company of the change of his occupation or duty (including the case where the self-employed driver changes his occupation or duty as a driver) or the case where the insured continuously uses a two-wheeled automobile or motor device bicycle during the insurance period.

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

(1) Where a contractor or the insured violates 14. (Duty to Notify After Contract) intentionally or by gross negligence and his/her duty falls under important matters (including matters that affect the occurrence of any cause for paying insurance proceeds).

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