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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
The first instance court.
Reasons
1. Basic facts
A. On December 3, 2010, the deceased and the Defendant entered into a non-dividend YU Plus Health Insurance Contract (hereinafter “instant insurance contract”) with the content that the deceased will pay KRW 120,000,000 of the insurance amount when the deceased dies due to a general injury during the insurance period from December 3, 2010 to December 3, 2047, setting the legal heir, beneficiary of the death insurance amount, and the insured’s life period from December 3, 2010 to December 3, 2047.
B. The terms and conditions of the instant insurance contract (hereinafter “instant insurance terms and conditions”) pertaining to the instant case are as follows.
Part IV, Article 24 (Obligation to Notify before the contract) of the contractor or the insured (person subject to insurance), such as the duty to notify before the contract is entered into, shall be informed of the fact that he/she is aware of the fact that he/she is aware of the fact that he/she is asked at the time of subscription (in cases of a diagnosis contract, he/she refers to the time of health examination).
The obligations prescribed in Article 651 of the Commercial Act, and the policyholder or the insured shall inform the insurer of the material fact that the insurance company asked in writing at the time of subscription, and may be at a disadvantage such as termination 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.
If, in accordance with the notification of paragraph 1, the contractor neglects to pay the premium upon the request of the company, the company is prior to the change of the insurance premium rate applied before the change of the occupation or duty.