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(영문) 부산지방법원 2015.04.02 2014가합46108
계약무효확인 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The mother-friendly B, the legal representative of the Defendant, concluded the instant insurance contract with the Plaintiff via an insurance solicitor on February 25, 2014 through telephone communications. Of the general terms and conditions of the instant insurance contract, the gist of the main provisions related to the instant case is as follows.

Article 26 (Obligation to Notify before the contract) The contractor or the insured (person subject to insurance) shall know the fact that he knows about the matters asked at the time of subscription (in the case of a diagnosis contract, I will speak at the time of health examination) and is true (hereinafter referred to as the "Obligation to Notify before the contract", and the same as the "Obligation to Notify" in the Commercial Act).

Article 28 (Effect of Violation of Obligation to Notify) (1) In the event of the following facts, the Company may terminate this Agreement within one month from the date it becomes aware of the occurrence of the cause for the payment of insurance proceeds, regardless of whether the cause for the payment of insurance proceeds occurs

1. Where a contractor, an insured person, or his/her agent violates Article 26 by intention or gross negligence and the duty falls under important matters;

B. B, on February 25, 2014, on behalf of the Defendant, asked the Plaintiff and the Plaintiff’s staff members of the Plaintiff “Is to answer each question (hereinafter “each question of this case”) about disease confirmation, treatment, hospitalization, surgery, medication, and medication, as follows: “Is to answer each question during the latest five years, whether Is to be examined by a doctor through a diagnosis or examination during the latest one year period,” and “Is to answer each question (hereinafter “each question of this case”).

C. On the other hand, on February 21, 2014, 4 days before the conclusion of the instant insurance contract, the Defendant was sent to the Busan Medical Center by the 119 Emergency Medical Center at the time when the Defendant, who was sitting at the entrance of Mat and was temporarily sitting.

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