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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1. The plaintiff.
Reasons
1. The reasoning of the court's explanation concerning this case is as follows: ① the 6th to 11th of the judgment of the first instance is used as follows; ② The 7th of the judgment of the first instance is as stated in the reasoning of the judgment of the first instance, except for addition of the following additional determinations under Article 420 of the Civil Procedure Act, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
-1) Under the relevant legal principles, Article 651 of the Commercial Act provides that the insurer may terminate the contract for reasons of breach of duty of disclosure regardless of the causal relationship between the fact of violation of duty of disclosure and the occurrence of the insurance accident. However, with respect to the right to claim the insurance amount, if the insurance contract is terminated for the reason of breach of duty of disclosure after the occurrence of the insurance accident, the liability for payment of the insurance amount may vary depending on the causal relationship between the fact of violation of duty of disclosure and the occurrence of the insurance accident, and the effect of termination of the contract may be restricted within the scope (see Supreme Court Decision 2010Da25353, Jul. 22, 2010). The burden of proving that there is no causal relationship between the occurrence of the insurance accident and the occurrence of the above breach of duty of disclosure is on the side of the policyholder. Thus, if there is room to recognize the existence of such causal relationship even if it is possible, the proviso to Article 655 of the Commercial Act shall not be applied (see, e.g., Supreme Court Decision 92Da28292.
A. Under the special terms and conditions attached to the Plaintiff’s assertion that the insured would not pay insurance proceeds for an accident that occurred while driving a two-wheeled automobile during the insurance period. Therefore, the Plaintiff is not obliged to pay insurance proceeds for the instant accident to the Defendant.
B. Determination Nos. 3, 5, 7, and 11 are the purport of the entire pleadings and arguments.