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(영문) 대구지방법원 2019.09.04 2018나310109
보험금
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

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

purport, purport, and.

Reasons

1. The court's explanation on this part of the facts of recognition is the same as the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. The defendant's assertion is obligated to pay the plaintiffs the insurance proceeds stated in the purport of the claim under the insurance contract of this case for the following reasons.

1) At the time of entering into the instant insurance contract, E did not have any intention to conceal the high-tension medical history at the time of entering into the instant insurance contract, and prepared a visiting health certificate in accordance with the guidance of the nurse affiliated with the visiting health verification agent, and thus cannot be said to have failed to notify the fact of the high blood pressure diagnosis intentionally or by gross negligence, and the fact that the contract was diagnosed with high blood pressure is not an important matter to be notified at the time of the insurance contract. Therefore, the termination of the instant insurance contract by the Defendant on the ground of the breach of duty to notify is not effective. 2) Even if E breached the duty to notify, even if there was no causal relationship between the violation of

The termination of the insurance contract of this case is an abuse of rights or a violation of the principle of good faith, for the reason of breach of duty of disclosure, although the death of E is anticipated definitely.

3) Even if the Defendant may terminate the insurance contract of this case due to a breach of duty of disclosure, there is no causal relationship between the fact of the breach of duty of disclosure and the occurrence of the occurrence of the insurance accident, and thus, the Defendant is liable to pay the insurance proceeds if it is proved that the occurrence of the insurance accident was not affected by

(4) In the event the causal relationship between the breach of the duty to notify and the insurance accident is not recognized, the insured is obliged to pay the insurance proceeds to the Plaintiffs.

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