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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasons for the court's explanation concerning this case are as follows: "No. 1 insurance contract" of No. 5 of the judgment of the court of first instance shall be deemed "No. 2 insurance contract"; "direct factors" of No. 2-b shall be deemed "decisional factors"; and the plaintiff's new argument in the trial of the court of first instance shall be as stated in the part of the judgment of the court of first instance, except for addition of the following determination as to the new argument in the plaintiff's trial of the court of first instance, it shall be cited as it is in accordance with the main sentence
2. At the time of entering into each of the instant insurance contracts, the Plaintiff did not explain to the Plaintiff that “if a person has a disease or physical handicap and caused a minor external factor, or the symptoms thereof worse, the minor external factor shall not be deemed a contingent external accident,” which is an essential element of the terms and conditions. Therefore, the Plaintiff asserts that the terms and conditions should not be included in the instant insurance contract or should be interpreted disadvantageous to the Defendant.”
In light of the above, if a policyholder or his agent is well aware of the important contents of the insurance terms and conditions, or if there is a matter that has been sufficiently anticipated without any separate explanation by the policyholder because they are common and common to the transaction, or that is merely a matter that has already been determined by the Acts and subordinate statutes, it cannot be said that the insurer has a duty to specify and explain such matters until the time of the occurrence of such matters (see, e.g., Supreme Court Decisions 2005Da60017, 6024, Jan. 26, 2006; 2002Da32776, Jan. 10, 2003). Thus, the above contents of the insurance terms and conditions in this case are commonly stipulated in the general life insurance terms and conditions or accident insurance terms and thus, it can be sufficiently anticipated by the policyholder without any separate explanation.