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(영문) 서울고등법원 2019.03.15 2018나2022662
구상금
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the judgment of the court of first instance as to the instant case is as follows, except for the determination of additional claims by the plaintiff, which were added in the court of first instance, as to the conjunctive claims of the plaintiff added in the court of first instance as set forth in the following paragraph (2), and thus, it is acceptable in accordance with

2. Additional determination (determination as to preliminary claims)

A. The gist of the Plaintiff’s claim is that the Defendant uses an insurance system, such as entering into the instant insurance contract and entering into multiple insurance contracts similar to the instant insurance contract, with excessive medical treatment, including unnecessary hospitalized treatment, and without violating the obligation to inform the contract before the conclusion thereof. Since such act violates the principle of trust and good faith as well as the duty of maximum good faith among the Plaintiff and the Defendant, it becomes impossible to maintain an insurance relationship any longer because trust exists between the Plaintiff and the Defendant. Therefore, as the Plaintiff’s declaration of intent to terminate the instant insurance contract was delivered to the Defendant, the instant insurance contract was lawfully terminated, and as long as the Defendant actively claims the existence of the instant preliminary claim and the cause of the claim that indicated the Plaintiff’s declaration of intent to cancel the contract were served on the Defendant, the instant contract is made based on mutual trust between the parties. However, if it is difficult to maintain the trust relationship due to either party’s breach of contractual obligation or other unfair acts during the pertinent contract’s existence, the other party’s claim becomes invalid in the future (see, e.g., Supreme Court Decision 20101)., 4).

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