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(영문) 대구지방법원 2019.06.19 2018나313528
보험금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Cancer diagnosis allowances, other than the amount of guarantee of basic facts (won), : When diagnosis and confirmation has been made for cancer other than the “defrance cancer or prefrance cancer” after the date of the commencement of cancer security (Provided, That the first time) - at least 8,000,000 - at least one year but not less than 16,000,000 cancer diagnosis allowances: when diagnosis and confirmation has been made for cancer after the date of commencement of cancer security (Provided, That the first time is less than one year), - 2,00,000,000 for more than one year (4,000,000 for more than one year);

A. On April 18, 2016, the Plaintiff concluded a “C Insurance” with the Defendant, the insured, and the beneficiary as the Plaintiff (hereinafter “instant insurance contract”). From that time, the Plaintiff paid KRW 63,900 per month as the insurance premium.

The main coverage of the instant insurance contract is as follows.

Article 13 (Obligation to Notify before Contract) The contractor or the insured must be informed of the fact that he/she knows about the matters asked in the subscription form when he/she makes an offer (hereinafter referred to as "pre-contract notification obligation," and the same as "the obligation to notify" under the Commercial Act).

Article 14 (Effect of Violation of Obligations to Notify before Contract) (1) If the contractor or the insured has falsely notified the important matters by intention or gross negligence, notwithstanding Article 13, the company may terminate the contract or restrict the guarantee in accordance with the methods separately determined by the company.

However, the contract shall not be terminated or the guarantee shall not be restricted in any of the following cases:

5. Where an insurance solicitor, etc. did not give a policyholder or the insured an opportunity to notify, or prevents a policyholder or the insured from notifying the truth, a contractor or the insured from making a policyholder or the insured not to notify the truth or making a false notification.

at the time of the absence of an insurance solicitor, etc., if it is deemed that the contractor or the insured has failed to notify the truth or has made a false notification, the contract shall be terminated or terminated.

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