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(영문) 대구지방법원서부지원 2020.01.15 2018가단63447
보험금지급등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On August 19, 2016, the Plaintiff, as a policyholder, subscribed to C insurance that the Defendant, the insurer, should pay KRW 10 million to the Plaintiff when the insured died of a disease during the insurance period (hereinafter “instant insurance contract”). As D died during the insurance period, the Defendant asserts that the Defendant is obligated to pay KRW 10 million to the Plaintiff. Accordingly, the Defendant’s termination of the instant insurance contract in violation of the duty of disclosure with the Plaintiff and D, thereby failing to comply with the Plaintiff’s request.

In light of the following circumstances, the policyholder or the insured may cancel the contract in which the policyholder or the insured violated the above duty and the duty to pay insurance proceeds falls under important matters related to the grounds for the payment of insurance proceeds. As a result of the order to submit documents to the National Health Insurance Corporation, the witness E's testimony, which can be known in full view of the whole purport of oral argument, is a simple-contest type with less notice than the general insurance contract. In comparison with the general insurance contract, the insurance contract of this case is a simple-contest type with less than the notice. (1) The contract of this case includes a doctor's opinion of necessity of hospitalization. (2) additional examination (2) additional examination (examination). (2) The fact that the policyholder or the insured violated the duty to pay insurance proceeds. (3) The insurance contract of this case is written in detail as follows; (4) the patient or the insured's testimony of this case is written in the subscription form: (1) the patient or the insured's medical doctor's opinion that it is necessary to give the following opinion through a diagnosis or examination during the last three years.

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