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(영문) 창원지방법원 2017.09.22 2016가단19995
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On January 2, 2015, the Plaintiff entered into each of the insurance contracts listed in the separate sheet No. 1, and the insurance contracts listed in the separate sheet No. 2, April 9, 2015 (hereinafter “each of the instant insurance contracts”) with the Defendant, respectively.

B. Of the terms and conditions of each of the instant insurance contracts, the content pertaining to the duty of disclosure is as follows.

Attached Form

In accordance with the terms and conditions of the insurance contract as listed in the list 1, the provisions of the insurance contract fall under Articles 14 and 16. Article 15 (In the case of the diagnosis contract, the contractor or the insured shall be notified at the time of subscription (in the case of the diagnosis contract, the health examination time) that they are aware of the matters asked in the letter of subscription (hereinafter referred to as "the obligation to notify before the contract," and the same as "the obligation 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 Act

Article 16 (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 (person subject to insurance) violates 15. (Duty to Notify before the contract) intentionally or by gross negligence and his/her duty falls under important matters.

C. At the time of entering into each of the instant insurance contracts, the Defendant received medical practice such as diagnosis, treatment, hospitalization, surgery, medication, etc. from a physician through a diagnosis or examination with ten following diseases (i.e., cancer, b., high blood pressure, (iii) high blood pressure, (iv) cardiopulmonary disease, (e.g., heart color), 644, 744, 744, 844, 84, 100, 100, 100, and HIV germs) attached to the written offer (the obligation to notify before entering into the instant insurance contract) within the last five years.

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