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1. The plaintiffs' appeal is 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 for the court’s explanation of the instant case is as stated in the reasoning of the first instance judgment, except for the addition of the Plaintiff’s assertion to the court as set forth in the following paragraph (2). Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The plaintiff asserts that the part added cannot be asserted as the content of the insurance contract since the defendant violated the duty to explain clearly as to the special agreement of this case.
Under Article 638-3(1) of the Commercial Act and Article 3 of the Regulation of Standardized Contracts Act, when concluding an insurance contract, the insurer bears a specific and detailed duty to explain the important contents of the insurance contract, such as the content of the insurance contract, the system of insurance premium rates, changes in matters stated in the written subscription, restrictions on the rights of policyholders, etc., reasons for restriction on the rights of policyholders, etc., and reasons for exemption of the insurer. Thus, if the insurer concludes the insurance contract in violation of such duty to explain, the insurer cannot claim the contents of the contract as the content of the insurance contract, and the insurer bears the
As to the instant case, the circumstances that recognize the purport of the entire argument in the statement Nos. 1, 2, and 3 as follows: (i) the Deceased subscribed to the instant special agreement at the time of entering into the instant insurance contract; (ii) the insured stated as follows: “I will not compensate for any sudden and incidental injury that occurred during a two-wheeled automobile (including a two-wheeled automobile).” (iii) In the case of entering into the instant special agreement, I will not pay insurance proceeds for any injury that occurred during the driving of a two-wheeled automobile (including a two-wheeled automobile) regardless of the terms and conditions of the general agreement.”