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(영문) 광주고등법원(전주) 2016.08.18 2015나101769
채무부존재확인
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasons why the court should explain this part of the facts of recognition are as follows: (a) the 3rd of the judgment of the first instance is “or”; and (b) the 4th of the 6th of the 4th of the 4th of the 4th of the 4th of the 4th of the 4th of the 4th of the 4th of the 4th of the 4th of the 4th of the 4th of the 4th of the 4th of

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1) While the Deceased entered into the instant insurance contract and received treatment several times prior to the conclusion of the insurance contract, the Plaintiff did not notify the above fact. Since the Plaintiff terminated the instant insurance contract on the grounds of violating the obligation to notify the Deceased, there is no Plaintiff’s obligation to pay the insurance money due to the instant insured event. (2) Although the Deceased was able to have multiple times at the time of the conclusion of the instant insurance contract, he did not notify the Plaintiff of this fact. As such, the Plaintiff concluded the instant insurance contract on the grounds of deception by the Deceased, the Plaintiff entered into the instant insurance contract on the grounds of deception by the Deceased.

Therefore, there is no plaintiff's obligation to pay insurance money due to the insurance accident of this case.

B. "Important matters" under Article 651 of the Commercial Act, which is the standard for the insurer to determine whether to enter into an insurance contract or the content of the insurance contract, such as the addition of the premium or special exemption clause, by measuring the occurrence of the insurance accident and the extension rate of liability due to the termination of the insurance contract of this case due to the breach of the duty of disclosure 1 to determine the termination claim of the insurance contract of this case, is objectively a standard for the insurer to determine whether to enter into an insurance contract or the content of the insurance contract, such as the addition of the premium or special exemption clause.

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