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(영문) 서울남부지방법원 2020.09.10 2019나55543
보험금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. On October 16, 2014, the Plaintiff concluded a “C” insurance contract (hereinafter “instant insurance contract”) with the Plaintiff, beneficiary, Plaintiff (legal heir in the case of death), and the insurance period from October 16, 2014 to October 16, 2073, setting the insurance period as “C” (hereinafter “instant insurance contract”).

The amount of subscription to the insurance contract of this case is KRW 100 million, and the terms and conditions of the insurance contract of this case are as follows.

【General Terms and Conditions】 Chapter 1 Section 3 Section 3 Section 1, the contractor or the insured (in the case of a diagnosis contract, the time of health examination) are informed of the fact that he/she is aware of the fact that he/she is asked in the subscription form (hereinafter “the obligation to notify the contract,” and the same as “the obligation to notify” under the Commercial Act).

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 the contractor or the insured violates 15. (Duty to Notify before the contract) intentionally or by gross negligence and the obligation falls under important matters, the contractor or the insured shall be subject to 15. (Special Terms and Conditions 【(3-100%) Special Terms and Conditions

1. (Grounds for Payment of Insurance Money) If an insured person described in an insurance policy suffers from an injury during the insurance period of this Special Terms and Conditions and the disability payment rate specified in the Disability Classification Table (see the Disability Classification Table 8 attached Table; hereinafter the same shall apply) is equivalent to 3 to 100%, the company shall pay an amount calculated by multiplying the payment rate specified in the Disability Classification Table by the insurance amount of this Special Terms and Conditions, as the insurance amount of injury (3 to 10%).

4. (Duty to Notify After Entering into an accident insurance contract) Any policyholder or any insured person shall transfer his occupation or duty to any business driver by an electronic person who changes his occupation or duty during the insurance period;

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