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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. Facts of recognition;
A. On October 14, 2015, the Plaintiff subscribed the insured to “E”, which is an insurance product of the Defendant Company, as the Plaintiff, and paid the insurance premium, around April 14, 2016, around October 14, 2015.
Of the obligations to inform the Plaintiff and the Deceased of the subscription written at the time of entering into the instant insurance contract, Paragraph 4 of Article 4 states, “No” as it was written in the column of “no” to question whether the Plaintiff and the Deceased received the following medical practices (including diagnosis, treatment, medication, etc. of diseases) through a medical examination or examination from the doctor within the latest five years as follows:
B. However, the death of C on April 14, 2016, and the result of the autopsy by the National Science Investigation Institute on May 4, 2016, the private person was found to be “influence of acuteity”.
C. According to Article 15 of the General Terms and Conditions of the instant insurance, the contractor or the insured must inform the fact that he/she is aware of the matters asked in the subscription form at the time of subscription, and pursuant to Article 17 of the said Terms and Conditions, the contractor or the insured violates his/her duty to inform the pre-contract by intention or gross negligence, and where his/her duty constitutes an important matter, the company may terminate the contract regardless of the occurrence of damages, and where such termination of the contract takes place after the occurrence of the cause of the payment
In addition, Article 651 of the Commercial Code does not notify the policyholder or the insured of the material fact intentionally or by gross negligence, or if the policyholder or the insured has notified the fact of the defect, the insurer may terminate the contract within one month from the date of becoming aware of the fact and within three years from the date of conclusion of the contract, and Article 651 of the Commercial Code provides that the matters asked by the insurer in writing shall be presumed to be material.
On the other hand, the deceased is the insurance contract of this case.