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(영문) 인천지방법원부천지원 2013.10.17 2012가합8801
보험금
Text

1. The Plaintiff (Counterclaim Defendant) was 20,707,504 won, Defendant (Counterclaim Plaintiff) C, and D respectively.

Reasons

1. Basic facts common to the principal lawsuit and counterclaim;

A. On July 14, 201, Defendant B entered into the instant insurance contract with the Plaintiff via E, an insurance solicitor of the Plaintiff, and entered into an insurance contract (hereinafter “the instant insurance contract”) with Nonparty B, the insured, as the husband of Defendant B, who died on January 17, 2013, after the filing of the instant principal lawsuit, and the father of Defendant C and D, who was the father of the Defendant C and D; hereinafter “the network”). The insurance period is from July 14, 201 to July 14, 2058, with the insurance premium as KRW 14,00,00 each month; (1) the insured is subject to cancer diagnosis; (2) the insured is subject to hospitalized treatment due to a disease; and (3) the insurance contract with the content of paying the insurance proceeds upon the death of a disease (hereinafter “instant insurance contract”).

B. On September 3, 2012, the Deceased of the instant accident was diagnosed as a liver cell cancer at the Macheon-do University Hospital and was hospitalized at the said hospital, and died on January 17, 2013, as indicated in the attached Table 1.

C. On September 27, 2012, the Deceased and Defendant B claimed insurance proceeds from the diagnosis of inter-cell cancer on September 3, 2012 based on the instant insurance contract. However, on October 30, 2012, the Plaintiff did not express his/her intent to terminate the instant insurance contract and pay the insurance proceeds.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 9, 10 (including branch numbers, if any) and Eul evidence Nos. 1, 2, 3, 8, 14 and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiff's gist of the plaintiff's assertion is as follows and the plaintiff seeks confirmation that there is no obligation to pay insurance money under the insurance contract of this case as the principal lawsuit.

The defendant B, a policyholder, violated the duty of disclosure as to the deceased's C-type infection infection, thereby making the above basic facts.

Since the insurance contract of this case was terminated as stated in the above paragraph, it is the obligation to pay insurance money to the deceased.

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