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(영문) 대구지방법원 2018.11.08 2017가합207691
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

(a) Article 13 (1) such as the conclusion of an insurance contract, etc. (1) When any contractor fails to pay any insurance premium after the second installment of the insurance premium by the due date, the period from the day following the due date of payment to the end of the month in which the due date of payment falls shall be the peremptory notice to the end of the month following the month in which the due date of payment falls, and the company shall terminate the contract on the day following the expiration of the due date of payment, in cases where the insurance premium is not paid within the peremptory notice and the due date

The Company shall pay the agreed insurance money in respect of any accident that occurs within the period of demand for payment.

(3) In cases where insurance premiums have not been paid until the due date for payment on or after the second installment, a company shall notify in writing or by telephone a policyholder (including specified beneficiaries in cases of insurance contracts for others) of the purport that delinquent insurance premiums shall be paid within the due date for payment, and that insurance contracts shall be terminated on or after the date when the due date for payment expires (in such cases, including the purport that the contract may be set off immediately when the contract is terminated, and the principal and interest on cancellation refund and the loan of insurance contracts may be set off) if it fails to pay insurance premiums within the due date for the expiration of the due date for payment.

Article 28 (Obligation to Notify before Contract) The contractor, the insured, or their agents are aware of the fact that they are asked about the matters referred to in the written subscription at the time of application.

Article 29 (Obligation to Notify after Contract) (1) Where the insured has entered into a contract and then has changed his occupation, duty or age (including the case where the self-employed driver changes his occupation or duty as a driver for business), or has directly used a two-wheeled motor vehicle or motor device bicycle.

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