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(영문) 청주지방법원 2020.08.19 2019가단24292
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant) due to an accident described in No. 2 of the same list based on the insurance contract as shown in the attached list No. 1.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 9, 2018, the Plaintiff entered into a contract for D insurance (E, termination without penalty, hereinafter “instant insurance contract”) in attached Table 1, which mainly covers the death, etc. of the deceased as the insured by having the deceased as the insured.

The insurance clauses applicable to the insurance contract of this case are stipulated as follows with respect to the duty of policyholders to inform before the contract of this case.

-Terms and Conditions-, Section 17 (Obligation to Notify before the contract) or the insured are aware of the facts asked in the application form at the time of subscription (in the case of a diagnosis contract, the time of health examination) and the facts that they are true (hereinafter referred to as "duty to notify before the contract," and the same as "Duty to notify" under the Commercial Act).

Article 19 (Effect of Violation of Obligation to Notify) (1) The Company may terminate this Agreement regardless of the occurrence of damages, in the following cases:

1. Where the contractor or the insured intentionally or by gross negligence violates Article 17 (Obligation to Notify before the contract) and the obligation constitutes an important matter, the company shall not pay insurance money if the termination of the contract pursuant to paragraph 1 (1) 1 takes place after the cause for the payment of insurance money occurs. In addition to the phrase “I may raise an objection if there is an opposing evidence,” the contractor shall be notified in writing of the fact of the breach of the obligation to notify before the contract as well as the fact of the breach of the obligation, and the reason why the obligation to notify before the contract

(6) Notwithstanding paragraph (1), where a company fails to prove that a violation of the duty to notify has influenced the occurrence of the cause for payment of insurance proceeds, it shall pay the agreed insurance proceeds, regardless of paragraphs (4) and (5).

B. At the time of entering into the instant insurance contract, the Deceased’s title, “The obligation to inform prior to the conclusion of the contract,” is past or present.

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