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(영문) 인천지방법원 2015.01.27 2014가합839
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 28, 2005, the Plaintiff entered into the instant insurance contract with B, who is the Defendant’s husband, and entered into the instant insurance contract with B, the insured as the Defendant.

B. On April 28, 2005, B entered into the instant insurance contract only items of cancer diagnosis expenses (20 million won) with respect to the Defendant’s cancer, the insured, at the time of the first insurance contract. However, on October 10, 2013, B additionally entered into the instant insurance contract as the insured type of cancer II renewal, cancer surgery expenses IV-1E renewal, cancer surgery expenses IV-2E renewal, and cancer renewal daily wage (4 days or more), and the items of cancer renewal security (hereinafter “instant renewal security”).

C. 1) The general terms and conditions of the instant insurance contract (hereinafter “ordinary terms and conditions”)

The main contents of the contract are as follows. 24. The mandatory contractor, the insured or their agents are aware of the matters asked in the subscription form (including the time of health examination if they undergo health examination) at the time of subscription (including the time of health examination). It is true (the same as the "Duty to Notify" under the Commercial Act).

I. However, at the general hospital and hospital provided for in Article 3 (Medical Institution) of the Medical Service Act, I may substitute a health examination as data to determine the health conditions, such as a copy of the health examination conducted by the workplace or an individual. 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 intentionally or by gross negligence violates 24. (Duty to Notify before the contract) and the obligation constitutes an important matter, the contractor, the insured, or his/her agent shall be subject to the instant insurance contract (hereinafter “Special Terms and Conditions”).

The key contents of the terms and conditions of cancer diagnosis costs (the first contract) are as follows:

1. A company which compensates for losses shall be recorded in an insurance policy.

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