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(영문) 창원지방법원 2017.08.31 2016가합54315
채무부존재확인
Text

1. To seek confirmation of the cancellation of the insurance contract listed in the attached Table No. 2 among the counterclaims by the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of premise;

A. On March 18, 2008, the Defendant entered into a family love insurance contract (hereinafter “instant insurance contract”) which includes a security for the death of a disease, specific disease, high-level disability rehabilitation treatment expenses (hereinafter “instant insurance contract”), as shown in paragraph (2) of the attached list with the Plaintiff, who is an insurance business operator. The relevant parts of the instant insurance contract are as follows.

[Ordinary Terms and Conditions] Article 8 (Time and Termination Period of Company Security) (1) Company's guarantee begins at 4 p.m. on the first day of the insurance period, and is terminated at 4 p.m. on the last day.

Article 25 (Obligation to Notify before Contract) The contractor, the insured, or their agents are aware of the fact that they are asked at the time of subscription (including the time of health examination if they undergo health examination) (hereinafter referred to as "duty to notify the contract," and the same as "Duty to notify" under the Commercial Act).

Article 27 (Effect of Violation of Obligation to Notify) (1) The Company may terminate this contract regardless of the occurrence of damages, in the following cases:

1. Where the contractor, the insured, or his/her agent violates Article 25 (Obligation to Notify before the contract) intentionally or by gross negligence and the obligation constitutes an important matter: (4) If the termination of the contract pursuant to subparagraph 1 of paragraph 1 is caused after the occurrence of the damage, the company shall not compensate for the damage, and shall not be allowed to raise an objection if there is any material reason for the notification of the contract prior to the contract as well as for the fact of the breach of the obligation to notify the contract prior to the contract."

[Special Terms and Conditions for Disease Death Security] Article 1 (Compensation Damages), the amount of insurance coverage for death of a disease, the amount of insurance coverage, but less than one year after subscription.

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