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(영문) 광주지방법원 2016.03.24 2015가합2982
보험계약해지무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. (1) On October 15, 2012, the Plaintiff entered into an insurance contract with the Defendant, as the husband of the Plaintiff, set the insured as C (D) and entered in the attached Form with which part of the insurance money can be paid in advance when a fatal disease or a sudden accident occurred (hereinafter “instant insurance contract”).

(2) The main text of Article 26 of the Insurance Contract Terms and Conditions of this case provides that "contractors or the insured (persons insured) are aware of the fact at the time of subscription (including the time of health examination in the case of the diagnosis contract) that they are true (hereinafter referred to as "the obligation to notify prior to the contract, and the same as "the obligation to notify" under the Commercial Act, and Article 27 (1) of the Insurance Contract Terms and Conditions of this case provides that "where the contractor or the insured (persons insured) is informed differently of the fact by intention or gross negligence, notwithstanding Article 26 (Notice obligation before the contract), the company may cancel or restrict the guarantee of the contract in accordance with the method separately determined by the company."

B. C’s treatment details and not notified 1) C received treatment from May 13, 2008 to September 26, 2012 through 14 times from May 13, 2012, which was before the conclusion of the instant insurance contract, by prescribing 7-day or 14-day medicine at E Hospital each time of treatment. 2) C was diagnosed with urology and high blood pressure as a result of the secondary health examination conducted at F medical examination conducted at the same hospital on July 13, 2010, and was diagnosed with a second medical examination conducted at the same hospital on July 11, 2012.

3) At the time of entering into the instant insurance contract, the Plaintiff’s questionnaire to “matters to be informed of the obligation to notify before the contract” attached to the insurance subscription form (hereinafter “instant questionnaire”).

The term "in the last three months" in paragraph (1) shall be from the doctor.

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