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(영문) 전주지방법원 2018.08.08 2017가합3566
채무부존재확인
Text

1. With respect to diseases and diagnosis listed in the annexed Schedule I, the Plaintiff and the Defendant are listed in the annexed Schedule II.

Reasons

1. Basic facts

A. On October 13, 2014, the Defendant concluded an insurance contract with the Plaintiff with the same content as the attached Table II (hereinafter “instant insurance contract”).

B. On March 7, 2017, the Defendant asserted that, at least 80% of the instant insurance contract, the Plaintiff suffered from a cryposis treatment for the kidne disease and chronic dypitis, and that the Plaintiff filed a claim for the payment of the insurance proceeds due to the special security for the cryposis (the 80% or more, the monthly payment type) of the instant insurance contract with respect to the same diagnosis and treatment as indicated in the attached Table I (hereinafter “the instant disease”).

(hereinafter referred to as “instant claim for payment”). C.

On March 7, 2017, the Plaintiff requested a damage evaluation on the instant claim. Around December 6, 2012, the Plaintiff received an interim damage evaluation report from a damage adjuster that the Defendant was diagnosed as “damage to the extension in open conditions within the mouth” due to traffic accidents during the period of five years prior to entering into the instant insurance contract, and received an interim damage evaluation report on April 12, 2017, stating that the Plaintiff was hospitalized in hospital treatment, inspection, and medication from December 6, 2012 to December 13, 2012.

On April 26, 2017, the Plaintiff sent the notice of termination of the instant insurance contract to the Defendant on the ground of the breach of duty of disclosure that the Plaintiff concluded the instant insurance contract without notifying or falsely notifying the Defendant of important matters while entering into the instant insurance contract, and the said notice reached the Defendant on May 1, 2017.

E. The main contents of the instant insurance contract terms and conditions (hereinafter “instant insurance terms and conditions”) are as follows.

Article 17 (Obligation to Notify before Contract) The contractor or the insured must be aware of the fact that he knows in the subscription (in the case of a diagnosis contract, the time of health examination) about the matters asked in the subscription letter (hereinafter referred to as "duty to notify the contract," and the same as "Duty to notify" under the Commercial Act).

However, in the case of a diagnosis contract, the Medical Service Act.

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