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(영문) 서울중앙지방법원 2017.06.16 2016가합502352
보험계약관계 존재 확인의 소
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 9, 2015, as a result of the Plaintiff A’s completion verification and the health examination conducted at the Lee Dong-dong Hospital on March 23, 2015, the Plaintiff A confirmed the blood transfusion, the chest-type or the male type (the left string string 4.5 x 3.2 cm).

Accordingly, the above plaintiff agreed to conduct a close CT inspection to distinguish the nature of the above species from the doctor's recommendation, and was prescribed as a drug of 90 days' blood transfusion.

B. On March 26, 2015, the Defendant concluded each of the instant insurance contracts with the Plaintiff Company B (hereinafter “Plaintiff Company”) on March 27, 2015, and concluded each of the insurance contracts listed in paragraph (2) of the attached Table 2 with the Plaintiff Company B (hereinafter “Plaintiff Company”) that is the representative of the Plaintiff on March 27, 2015 (hereinafter “each of the instant insurance contracts”), and the part of the ordinary terms and conditions applicable to each of the instant insurance contracts (hereinafter “instant ordinary terms and conditions”), which are specifically related to the instant case, are as follows. Article 13 [Obligation to Notify before the contract] When the contractor or the insured makes an offer (in the case of a diagnosis contract, time of health examination).

The fact that you are aware of the matters asked in the subscription form is true (hereinafter referred to as "the obligation to inform before the contract") and is the same as "the obligation to notify" under the Commercial Act.

I. However, in the diagnosis contract, I may substitute for a health examination as data to determine the health conditions, such as a copy of the health certificate executed by a workplace or an individual at a general hospital and a hospital pursuant to the provisions of Article 3 of the Medical Service Act (medical institution). Article 14 [Effect of Violation of the Duty to Notify before the contract] (1) If the contractor or the insured falsely notifies the contractor or the insured of important matters by intention or gross negligence notwithstanding the duty to notify before the contract, I may terminate or restrict the guarantee of the contract in accordance with the method separately determined by the company.

However, whether or not the following is any:

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