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(영문) 서울고등법원 2016.11.24 2016나2043498
채무부존재확인
Text

1. Revocation of the first instance judgment.

2. B’s death on November 9, 2014 in the House B located in Seocheon-gu, Seocheon-gu C.

Reasons

1. The main point of the grounds for appeal is that the deceased B (hereinafter “the deceased”) was diagnosed as multiple, local, e.g., e., e., e., e., e., e., e., e., e., chrona from July 6, 2011 to July 13, 201, before the conclusion of the instant insurance contract, and was hospitalized for eight days. On April 10, 2012, he was diagnosed as e.g., e., g., e., g., e., g., e., e., g., e.

In addition, at the time of the conclusion of the instant insurance contract, the Deceased violated the duty of disclosure as to whether or not he drinks alcohol by responding to the question item “Isn't” in Article 16(16) of the questionnaire (the obligation to inform prior to the contract) presented by the Plaintiff.

Nevertheless, the first instance court judged that the deceased did not violate the duty of disclosure. The first instance court erred by misapprehending the legal principles on termination of the contract due to the breach of duty of disclosure, or by misapprehending the legal principles on evidence collection rules.

2. The reasoning of the judgment of the court of first instance, excluding the part concerning determination of the claim for termination of a contract due to the violation of the duty of disclosure alleged by the plaintiff as the ground for appeal, is as stated in the relevant part of the judgment of the court of first instance, except for the case where the third-party 3 of the judgment of the court of first instance provides “Maloat salt” as “Maloat salt,” thereby citing it as is in accordance with the main sentence

3. Determination on the claim for termination of an insurance contract due to breach of duty of disclosure

A. "Important matters" as stipulated in Article 651 of the Commercial Act, in which the policyholder or the insured is liable to notify the insurer at the time of the insurance contract, is objectively a standard for determining whether to enter into the insurance contract or the content of the insurance contract, such as the addition of the premium or special exemption clause, by measuring the occurrence of the insured events and the total ratio of liability resulting therefrom.

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