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(영문) 부산고등법원 2016.03.24 2015나52145
계약무효확인 소
Text

1. The plaintiff's appeal is dismissed.

2. On March 5, 2014, upon the Plaintiff’s ancillary claim added at the trial, the Defendant’s ancillary claim.

Reasons

1. Basic facts

A. On February 25, 2014, B, who was the Defendant’s mother, concluded the instant insurance contract on behalf of the Defendant (the Defendant on April 1996), which guarantees various medical expenses, surgery expenses, diagnosis expenses, etc. with the Plaintiff through telephone communications on behalf of the Defendant (the Defendant) who was a minor.

Of the terms and conditions of the instant insurance contract, the terms and conditions relating to the duty to inform the entire contract are as follows.

Article 26 (Obligation to Notify before the contract) The contractor or the insured (person subject to insurance) shall know the fact that he knows about the matters asked at the time of subscription (in the case of a diagnosis contract, I will speak at the time of health examination) and is true (hereinafter referred to as the "Obligation to Notify before the contract", and the same as the "Obligation to Notify" in the Commercial Act).

Article 28 (Effect of Violation of Obligation to Notify) (1) In the event of the following facts, the Company may terminate this Agreement within one month from the date it becomes aware of the occurrence of the cause for the payment of insurance proceeds, regardless of whether the cause for the payment of insurance proceeds occurs

1. Where a contractor, an insured person, or his/her agent violates Article 26 by intention or gross negligence and the duty falls under important matters;

B. B at the time of entering into the instant insurance contract on February 25, 2014 on behalf of the Defendant, as seen above, the following questions are each of the following questions: “The disease confirmation, treatment, hospitalization, surgery, medication, medication, after a doctor’s diagnosis or examination within the last one year, and during the last five years, the fact that he/she was subject to the examination of disease confirmation, diagnosis, treatment of disease, hospitalization, hospitalization, surgery, medication, medication, and medication by the doctor during the latest five months period; and the fact that he/she was subject to the examination or examination by the doctor during the latest five years.”

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