1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is the insurer who entered into the instant insurance contract with the Deceased (hereinafter “instant insurance contract”) as the only statutory inheritor as the wife of the deceased B (hereinafter “the deceased”). The Defendant is the insurer who entered into the instant insurance contract with the Deceased.

B. On December 3, 2010, the Deceased concluded the instant insurance contract with the Defendant with the content that, between December 3, 2010 and December 3, 2047, the deceased will pay KRW 120,000 of the insurance money in the event that the deceased dies due to a general injury during the insurance period. The instant insurance contract contains the following terms and conditions as to the duty to inform the Defendant (hereinafter “instant insurance contract”).

◎ 보험약관 제4장 계약 전 알릴의무 등 제24조(계약전 알릴 의무) 계약자 또는 피보험자(보험대상자)는 청약시(진단계약의 경우에는 건강진단시를 말합니다) 청약서에서 질문한 사항에 대하여 알고 있는 사실을 반드시 사실대로 알려야(이하 ‘계약 전 알릴의무’라 하며, 상법상 ‘고지의무’와 같습니다) 합니다.

The obligations prescribed in Article 651 of the Commercial Act, and the policyholder or the insured shall be notified of the material fact that the insurance company has asked in writing at the time of subscription, and may be at a disadvantage such as cancellation of the insurance contract or payment of the insurance money in case of violation.

Article 25 (Obligation to Notify After Entering into an accident insurance contract) Any contractor or any insured person (person insured) shall, without delay, inform the company of any change in his occupation or duty (including the case where the self-employed driver changes his occupation or duty as a driver), or if he has made a continuous use of any two-wheeled automobile or motor device.

The notification under paragraph (1).