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(영문) 수원지방법원안양지원 2017.12.22 2017가단109814
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 23, 2015, the Defendant’s spouse B concluded the instant insurance contract between the Plaintiff and the Defendant as the insured.

At the time, B entered “work area: C and specific handling affairs: Officers Management” in the written answer stating “the obligation to inform the entire contract” requested by the Plaintiff as to the Defendant’s occupation.

B. On July 29, 2016, the Defendant was in office as a regular director of the Ministry of Public Affairs of D Co., Ltd., and around 05:55 to visit the E construction site, a traffic accident that leads to the collision of the rear part of the cargo vehicle (hereinafter “instant accident”) while driving the said company’s vehicle at a point 94 km in Seoul, the outer cycle road, and driving the said company at a point 94 km in Seoul (hereinafter “instant accident”).

On January 4, 2017, the defendant suffered from injury to the sculatory water damage due to the above accident, and claimed the insurance proceeds of the remaining disability based on the insurance contract of this case against the plaintiff.

C. Articles 17 and 19 of the terms and conditions of the instant insurance contract provide for the following:

Article 17 (Obligation to Notify before the Contract) The contractor or the insured shall be informed of the fact that he knows about the matters asked in the subscription form when he makes an offer.

Article 19 (Effect of Violation of Obligation to Notify) (1) The Company may terminate this contract regardless of the occurrence of damages, in the following cases:

1. Where the contractor or the insured violates Article 17 by intention or gross negligence and his/her obligation constitutes an important matter [based on recognition], the entries in the evidence of subparagraphs A1, 2, 3 and 7, and the purport of the whole pleadings;

2. Determination as to the cause of action

A. At the time of entering into the instant insurance contract, B notified that the Defendant was a company senior executive officer who falls under class 1 of vocational water supply even though the Defendant was a construction company-related site manager falling under class 2 of vocational water supply at the time of entering into the instant insurance contract. The Plaintiff breached the duty of disclosure

Therefore, the plaintiff is subject to Articles 17 and 19 of the terms and conditions of the insurance contract of this case.

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