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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, except for the addition of the following “2. Additional Judgment” to the assertion that the plaintiff emphasizes in the court of first instance, thereby citing it in accordance with the main sentence of Article 420 of the Civil Procedure
2. The Plaintiff asserts that the exemption clause of this case constitutes an important matter under the insurance contract, and that the non-party company did not specifically explain the exemption clause to the Plaintiff, the policyholder, at the time of the instant insurance contract Nos. 1 and 2, the Defendant cannot claim the exemption clause as the content of the instant insurance contract.
When concluding an insurance contract, the insurer has to deliver the insurance clause to the policyholder and explain the important contents of the insurance clause. Thus, when concluding the first and second insurance contract of this case, the non-party company, the insurer, was obligated to explain to the Plaintiff as the policyholder the instant exemption clause corresponding to the important contents of the first and second insurance contract of this case
However, Article 638-3 of the Commercial Act provides the insurer's duty to explain the terms and conditions of an insurance contract with prior knowledge of the contents to be bound by each party in the event that an insurance contract is concluded, and the purpose of the legislation is to protect the interests of the policyholder by allowing each party to apply for an insurance contract. In full view of the fact that the insurance clause is binding on the party to the contract because the parties to the contract agreed to include it in the contents of the contract, if the policyholder or his/her agent is well aware of the contents of the terms and conditions, the terms and conditions are immediately the contents of the contract and are binding on the party. Therefore, it is unnecessary for the
(see, e.g., Supreme Court Decision 97Da39308, Apr. 14, 1998). Health class Nos. 3, 4, and 5 are numbers with regard to this case.