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(영문) 서울중앙지방법원 2020.04.29 2019나55103
보험금
Text

1. The plaintiffs' appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment is as follows: (a) adding "the deceased" to "the beneficiary of life insurance" in the second lowest part of the judgment of the court of first instance; (b) " July 27, 2017" in the fourth bottom to " July 27, 2012"; and (c) "the first part of the fourth bottom to "the first" to "the court"; and (d) adding the judgment below to the allegations that the plaintiffs emphasize in the appellate court, etc., it is consistent with the reasoning of the judgment of the court of first instance; and (e) therefore, it is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. As to the assertion that it cannot be seen as a violation of the duty of disclosure, the Plaintiffs asserted as follows. The Plaintiff, the policyholder, was not aware of the details of the treatment or medication of the Deceased, who is the insured, and was not aware of the details of the medication, and thus, the Plaintiff cannot be viewed as a violation of the duty of disclosure. In the event the policyholder or the insured did not notify material facts intentionally or by gross negligence at the time of the conclusion of the insurance contract, the insurer may terminate the contract within a given period (Article 651 of the Commercial Act). The following facts may be acknowledged according to the aforementioned evidence. (1) At the time of the conclusion of each insurance contract of this case, the Plaintiff and the Deceased were living together with their husband at the time of entering into the insurance contract of this case. (2) At the time of entering into each of the instant insurance contracts, the Plaintiff and the Deceased were written directly and in detail as to the matters described in the “ duty of disclosure” column, and both the Plaintiff and the Deceased were signed in the subscription form.

In light of this, the deceased was well aware of his medical history and medication, and as his spouse, the deceased was living together with the deceased for a period of several hundreds.

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