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(영문) 부산고등법원 (창원) 2017.01.12 2016나21394
보험금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On April 22, 2013, the Plaintiff entered into a non-dividend spectrum comprehensive insurance contract (hereinafter “instant insurance contract”) with the Defendant, between April 22, 2013 and the period of the contract between April 22, 2013 and April 22, 2016, with the insured, the Plaintiff, the beneficiary, and the period of the contract from April 22, 2013 to April 22, 2016.

Article 26 (Obligation to Notify before the contract) The contractor or the insured (person subject to insurance) is aware of the fact that he knows in the subscription form (in the case of a diagnosis contract, he refers to the obligation to inform before the contract, and the same as the obligation to notify under the Commercial Act).

Article 27 (Obligation to Notify After Entering into an Accident Insurance Contract) The contractor or the insured shall promptly inform the company of the change of his occupation or duty (including the case where the self-employed driver changes his occupation or duty as a driver) or the case where the insured continuously uses a two-wheeled automobile or motor bicycle during the insurance period.

Where the risk has decreased pursuant to paragraph (1), the company shall return the difference insurance premium, and where the risk has increased due to the intention or gross negligence of the contractor or the insured, it may request or terminate the contract within one month from the date of receipt of the notice.

Article 28 (Effect of Violation of Obligation to Notify) The Company may terminate this Agreement regardless of the occurrence of damages, in the following cases:

(1) Where the contractor or the insured violates Article 26 by intention or gross negligence and falls under important matters. (2) When he/she fails to perform the duty of notification after concluding the contract provided for in Article 27 (1) relating to the increase of obvious danger.

B. The main contents of the instant insurance contract are as follows.

C. B: February 22, 2014

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