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(영문) 대구지방법원 2015.06.26 2014가단35065
보험금
Text

1. The plaintiff is based on the insurance contract with respect to the insured events listed in the attached list No. 1.

Reasons

1. Facts of recognition;

A. On October 4, 2013, the Plaintiff, an insurance company running non-life insurance business, etc., concluded the same insurance contract with the Defendant as indicated in the separate sheet No. 2 attached hereto (hereinafter “instant insurance contract”).

The provisions relating to the termination and commencement of guarantee of the terms and conditions incorporated into the content of the instant insurance contract (hereinafter “instant insurance terms and conditions”) are as follows.

Article 29 (Obligation to Notify before Contract) The contractor or the insured (person subject to insurance) shall be informed of the fact that he knows about the matters asked in the written application for subscription (in the case of a diagnosis contract, I will speak at the time of health examination) (hereinafter referred to as "duty to notify before contract," and the same as "Duty to notify" under the Commercial Act).

However, in the case of a diagnosis contract, it may substitute for a medical examination as data to determine the health conditions, such as a copy of the medical examination certificate conducted by a workplace or an individual at a general hospital and a hospital pursuant to Article 3 (Medical Institution) of the Medical Service

Article 31 (Effect of Violation of Obligation to Notify) If any of the following events occurs, the Company may terminate this Agreement regardless of the occurrence of the damage:

1. Where the contractor or the insured violates Article 29 intentionally or by gross negligence, and his/her duty falls under important matters;

2. Notwithstanding paragraph 1(1), the Company may not terminate the contract in any of the following cases when it fails to perform its obligation to inform after the contract is concluded pursuant to paragraph 1 of Article 30 with respect to a significant increase in risk:

1. Where the company knew or was not aware of such fact at the time of contract;

2. When one or more months have passed since the company became aware of such fact, or when two years have passed since the date when the company received the first premium, without any cause for paying insurance proceeds.

3. When three years have passed since the date of concluding the contract.

4. The insured at the time of subscription by the Company.

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