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(영문) 서울중앙지방법원 2018.08.23 2017나80518
보험금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On August 12, 2008, the Plaintiff concluded an insurance contract with the Defendant as the insured on August 12, 2008 (hereinafter “instant insurance contract”).

At the time of conclusion of the instant insurance contract, the Plaintiff notified the Defendant of the occupation B to Schlage, convenience store management, and manager (class 1). Based on this, the insurance premium was calculated.

B. The main contents of the ordinary terms and conditions applicable to the instant insurance contract (hereinafter “terms and conditions”) are as follows.

Article 28 (Duty to Notify After Contract) (1) Where the insured has entered into a contract, and then he/she has changed his/her occupation, duty, or age (including cases where a self-employed driver changes his/her occupation or duty to a driver for business), or has directly used a two-wheeled motor vehicle or motor device bicycle, he/she shall immediately notify the company in writing and obtain confirmation from the insurance policy (insurance Policy).

(2) If the risk has decreased pursuant to paragraph (1), the company shall return the difference insurance premium, and if the risk has increased, it may request or terminate the contract within one month from the date of receipt of notice.

3. If the contractor neglects to pay the premium upon the request of the company in accordance with the notice under paragraph (1), the company shall reduce the insurance money according to the ratio of the premium rate to be applied after the change of occupation, duty, or age (hereinafter referred to as "rates before Change") of the occupation, duty, or age of the insurance premium rate applied before the change of occupation, duty, or age.

However, the same shall not apply to damage caused by an accident unrelated to the changed occupation or duty.

(4) Where the contractor or the insured fails to notify the company of any change in occupation, duties or age, after such change has been made.

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