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(영문) 서울중앙지방법원 2020.08.11 2019나69874
보험금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows: (a) adding “the Act on Special Cases Concerning the Interest Rate of Time Deposit in Public Notice of the Insurance Development Institute and the Promotion, etc. of Legal Proceedings” in the front of the 4th judgment of the court of first instance, i.e., “defence damages” in the 14th judgment; and (b) adding “the following additional determination” to the allegations emphasized or added by the plaintiffs in this court, it is identical to the reasoning of the judgment of the court of

2. Additional determination

A. 1) Determination of the Plaintiffs’ assertion of violation of the duty to explain 1) The Plaintiffs’ assertion that “Where their address or contact address is changed, the contractor or beneficiary shall, without delay, notify the company of the change without delay, and where the contractor fails to notify it, the contractor shall be deemed to have reached the contractor at the time of the lapse of the date of general arrival (hereinafter “instant arrival clause”).

(2) The term “material content” of a standardized contract subject to the duty to explain refers to a matter that may directly affect the customer’s determination of whether to enter into a contract or the price for the contract, in light of social norms, inasmuch as the Defendant did not fulfill the duty to explain the content of the standardized contract.

What is important in the terms and conditions clause can not be uniformly stated, and it should be determined in consideration of individual circumstances in specific cases.

However, the obligation of explanation of the terms and conditions to a business operator is recognized only when the other party to the contract is unaware, and there is a reason to avoid unexpected disadvantages as important matters of the terms and conditions.

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