beta
Text
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
Facts of recognition
A. On January 31, 2017, an insurance contract was concluded and an insurance accident occurred. On January 31, 2017, the deceased I (hereinafter “the Deceased”) entered into a contract with the Defendant with the “J” (hereinafter “the instant insurance contract”) including a special agreement under which the deceased will pay KRW 50,000,000 of the amount of the insurance proceeds for the bereaved family members who died of a disease during the insurance period, to the deceased and the insured, from January 31, 2017 to January 31, 2046.
2) On September 25, 2018, the Deceased caused cardiopulmonary suspension due to an infectious infection, resulting in the death of the deceased and the cause for the payment of the insurance proceeds for bereaved family members of the deceased’s death.
B. Article 18(1) of the Insurance Terms and Conditions of the instant case provides that, as a result of the violation of the duty of disclosure, an insurance contractor or the insured may terminate the insurance contract regardless of the occurrence of damage, if the insured or the insured breached the duty of notification intentionally or by gross negligence before the contract was concluded (Article 18(1)). In the event the termination of the said contract was made after the occurrence of a cause for insurance payment (Article 18(4)), the Defendant shall not pay insurance proceeds (Article 18(5)). However, Article 18(5) of the same Act provides that “If the insured, the insured, or the insured proves that the breach of the duty of notification was not affected by the occurrence of the cause for the payment of insurance proceeds, the insured, or the beneficiary of the insurance, the insurance contract shall be paid the insurance proceeds agreed upon (Article 651(5) of the Commercial Act reflects the provisions of Article 655 of the same Act as it is), the Deceased’s insurance contract concluded between the instant insurance contract and the instant chronic infection disease (Article 4).
3) The Deceased at the time of the instant insurance contract.