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(영문) 전주지방법원 2021.02.17 2019나11664
보험금
Text

1. Revocation of the first instance judgment.

2. The defendant shall grant the plaintiff A KRW 21,857,144, the plaintiff B and C each 14,571,428 and each of them.

Reasons

1. Basic facts

A. On August 29, 2018, the deceased E (hereinafter “the Deceased”) entered into an insurance contract (hereinafter “F insurance contract”) with the Defendant with the content that the deceased would receive KRW 51,000,000 from August 29, 201 to August 29, 207, on the ground that the insured would be legally ordinary in law, and the period of insurance would be from August 29, 2018 to August 29, 207 when the deceased died due to an accident.

B. The document attached to the written application for the insurance contract of this case contains questions about occupation and questions about the model and purpose currently being driven.

Among them, questions related to the occupation include answers such as “work place”: G Mart, “work area: Kim system”, “type of business: Em”, and “emp: Display and delivery”, and questions concerning the model and purpose currently being driven are marked “V” in the column of “private car.”

(c)

On September 27, 2018, the deceased driving a H 1 ton cargo vehicle around 07:05, and driving a one-lane road at regular Eup/Myeon at the time of regular Eup, the deceased went away from the road to the right side, and caused an accident of collision with street trees at the right side (hereinafter “instant accident”), and the deceased died on the same day on the same day.

(d)

On October 23, 2018, the Plaintiff A and the deceased’s children, who are the deceased’s spouse, the Plaintiff B and C claimed for the payment of death insurance money to the Defendant under the instant insurance contract.

Accordingly, the Defendant’s title, “a notice of termination of an insurance contract due to breach of duty of disclosure” on November 26, 2018, which provides that the Defendant did not notify the Defendant of the fact that the Deceased is working for one ton of cargo vehicles for business use and is engaged in delivery business, constitutes a breach of duty of disclosure under the Commercial Act, and thus the instant insurance contract is terminated, and the written statement that the Plaintiffs cannot pay insurance money to the Plaintiffs

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