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(영문) 서울중앙지방법원 2019.05.01 2018나74725
보험금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On January 20, 2014, the deceased C (hereinafter “the deceased”) entered into a DNA insurance contract (hereinafter “D insurance contract”) with the Defendant, between January 20, 2014 and January 20, 2038, which consists of: (a) the insured’s deceased, the insurance premium of KRW 77,00 per month from January 20, 2014 to January 20, 2038; (b) KRW 240 per month during the period of payment of insurance premium; (c) the beneficiary’s legal heir; and (d) the basic contract for general injury and death (in the event of general injury and death, KRW 50 million), general injury and death (hereinafter “general injury and death”); and (e) the insurance premium was paid by August 2016 after the first insurance premium was paid.

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

Article 26 (Obligation to Notify before the Contract) of the General Terms and Conditions shall be able to inform the fact that the contractor or the insured (person subject to insurance) is aware of the matters asked in the application form (in the case of a diagnosis contract, I will speak at the time of health examination).

Article 27 (Obligation to Notify After Entering into an accident insurance contract) Any contractor or any insured person (person insured) shall, without delay, inform the company if the insured (person insured) changes his occupation or duties during the insurance period (including the case where the self-employed driver changes his occupation or duties as a driver), or if he continually uses a two-wheeled motor vehicle or motor device.

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 a contractor or an insured person violates Article 26 by intention or gross negligence and the duty thereof falls under important matters.

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