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(영문) 부산고등법원(창원) 2015.03.19 2013나21416
보험금
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows: (a) the part of the judgment of the first instance is used or added as set forth in paragraph (2); and (b) the part of the judgment of the first instance, “3. Determination by issue” (from 6, 18 to 10, 8) is identical to the ground of the judgment of the first instance, except for the modification as set forth in paragraph (3). Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

A. The part of “insurance solicitor E” of the 2nd 13th 13 side is considered as “insurance solicitor E (the wife of Plaintiff A, the wife of the deceased).”

B. Following the fourth 14th page, where an insurance solicitor, etc. has not given an opportunity to notify a contractor or the insured (person insured) or where a contractor or the insured (person insured) has obstructed the true notification, the contractor or the insured (person insured) shall be added to “when the contractor or the insured (person insured) has failed to give a true notification or when the policyholder or the insured has recommended to give a false notification.”

C. No. 4.20 days following the fourth 20 pages: (1) where the termination of a contract pursuant to paragraph (1) 2 takes place after the occurrence of the cause for the payment of insurance money, the company shall pay insurance money to the damage pursuant to Article 27(3) or (4). (6) Notwithstanding paragraph (1), where the contractor, the insured (person subject to insurance) or the beneficiary (person who receives insurance money) gives testimony that the breach of the obligation to notify does not affect the cause for the payment of insurance money, the company shall pay the insurance money agreed regardless of paragraphs (4) and (5).

No. 5 and 6 shall be added to the 21st evidence.

3. The modified part

A. According to Article 651 of the Commercial Act, whether a policyholder or the insured has breached his/her duty to disclose important matters shall not notify “important matters” due to intention or gross negligence at the time of the insurance contract.

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