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(영문) 서울중앙지방법원 2017.03.21 2016나51841
보험금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On April 30, 2013, the Plaintiff and Korea Post affiliated with Defendant Korea Post (hereinafter “instant insurance contract”) concluded each insurance contract with the insurance coverage period of 10 years with respect to “non-payment post health clinic insurance” (hereinafter “non-payment post health clinic insurance”)

B. On May 30, 2014, the Plaintiff received a final and conclusive diagnosis, and upon which the Plaintiff claimed insurance money under the instant insurance contract to the Defendant.

However, the Defendant terminated the instant insurance contract on June 30, 201, on the ground that “the Plaintiff did not notify the Defendant prior to entering into the contract of the fact that he/she received the outpatient treatment due to the tragic shock, chronic chilling infection, and dyssis, etc. from December 7, 2011 to April 20, 2012.”

C. The main terms and conditions of the instant insurance contract are as follows.

Article 31. The duty of disclosure of the ENE subscriber / the contractor or the insured shall give notice to the truth about the matters asked at the time of subscription for the contract.

(hereinafter referred to as “Duty of Notice”). (1) When the contractor or the insured has informed the contractor or the insured of any important matter intentionally or by gross negligence, the communications agency may terminate the contract or restrict the guarantee in accordance with the method separately determined.

(6) Where a communications agency fails to prove that a violation of a duty to notify has influenced the occurrence of the cause for the payment of insurance proceeds, the relevant insurance proceeds generated before the termination or guarantee of a contract is restricted, notwithstanding paragraph (1).

The defendant shall raise an objection against the plaintiff's insurance money for the confirmation of cancer diagnosis.

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