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(영문) 대전지방법원 2015.06.25 2014가합6705
채무부존재확인
Text

1. The Plaintiff’s obligation to pay an injury to the Defendant based on the insurance contract indicated in the attached list, as well as an injury daily allowance.

Reasons

1. Basic facts

A. From March 14, 2013 to March 28, 2013, the Defendant was hospitalized in B hospital with a certificate of satisfying to the right side conflict, a certificate of satisfying to the right right side part, and a certificate of satfying to the right right side part.

B. On June 4, 2013, the Plaintiff entered into an insurance contract with the Defendant listed in the separate sheet (hereinafter “instant insurance contract”).

C. At the time of the conclusion of the instant insurance contract, the counselor C asked the Defendant at the time of the conclusion of the instant insurance contract that “I have been hospitalized by a doctor within the last one year through a diagnosis or examination.” The Defendant asked the Defendant that “I have been hospitalized.”

From August 31, 2013 to September 17, 2013, the Defendant was hospitalized in a DNA-type medical department with the face-to-hand check-up of the left-hand check-up and net fever, the left-hand check-up of the back-hand check-up of the leapter for 18 days from August 31, 2013.

E. On October 11, 2013, the Plaintiff submitted a damage evaluation report with the content that the Defendant was hospitalized in B Hospital with the right-side collision support unit from March 14, 2013 to March 28, 2013. On November 8, 2013, the Plaintiff notified the Defendant of his/her intent to terminate the instant insurance contract on November 8, 2013.

F. The Defendant received hospitalized treatment at G Hospital for 31 days from April 30, 2014 to May 30, 2014, from F Council members for 15 days from June 23, 2014 to July 7, 2014, and from August 11, 2014 to September 12, 2014, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, and 7, the purport of the whole pleadings

2. Determination as to the defendant's breach of duty of disclosure

A. The instant insurance contract between the Plaintiff and the Defendant was lawfully terminated due to the Defendant’s breach of duty of disclosure.

Therefore, the plaintiff's injury and hospitalization allowance based on the insurance contract of this case against the defendant.

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