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(영문) 인천지방법원 2016.11.25 2016나50801
보험금
Text

1. All appeals filed by the plaintiffs are 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 this case is as stated in the part of the judgment of the first instance except for adding the following determination as to the matters for which the plaintiffs claimed in addition to the above determination as to the matters for which the plaintiffs asserted in the court of first instance, and therefore, it is citing it as it is in accordance with the main sentence of Article

2. Additional matters to be determined;

A. The plaintiffs' assertion that the defendant did not explain to the deceased the reason for exemption from the payment of insurance money under Article 17 (1) 1 of the terms of the insurance contract of this case. Thus, the above exemption clause cannot be asserted as the content of the insurance contract of this case.

B. Determination 1) Generally, an insurer and a person engaged in the conclusion or solicitation of an insurance contract shall, upon entering into an insurance contract, have the duty to specify and explain the important contents of the insurance contract, such as the content of the insurance product, the insurance premium rate system, and changes in the entries in the written subscription for insurance. However, the recognition of such duty to explain and explain is based on the fact that the insurance contractor is unaware of the important matters of the terms and conditions, thereby avoiding the disadvantage of the policyholder that has not been predicted. Thus, even if the contents of the terms and conditions are prescribed in the terms and conditions, it does not require the insurer to explain and explain such matters even if the contents of the terms and conditions already known or could have been sufficiently anticipated even without any separate explanation, or if they are merely about the extent that the content of the terms and conditions already known or had already been determined by the laws and regulations, it does not require the insurer to explain and explain such matters (see, e.g., Supreme Court Decision 2009Da91316, 91323, Mar. 25, 2010).

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