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(영문) 수원지방법원안양지원 2020.02.07 2019가단101142
채무부존재확인
Text

1. The plaintiff is based on the insurance contract as described in paragraph (2) of the attached list 1 with respect to the accident described in paragraph (1) of the same list.

Reasons

1. Facts of recognition;

A. On October 31, 2012, the Plaintiff entered into an insurance contract described in attached Table 1(2) (hereinafter “instant insurance contract”) with C, the Defendant’s spouse, as the insured and beneficiaries of non-life insurance proceeds.

B. The main contents of the instant general terms of insurance are as follows.

Article 24 (Obligation to Notify before the contract) The contractor or the insured (person subject to insurance) shall inform the true (hereinafter referred to as "the obligation to inform before the contract, and the same as "the obligation to notify" under the Commercial Act) of the fact that he knows about the matters asked in the written application for subscription (in the case of a diagnosis contract, I will refer to the health examination time).

However, in the case of a diagnosis contract, the health examination may be substituted by data to determine the health conditions, such as a copy of the health certificate conducted by the workplace or individual at a general hospital and hospital pursuant to the provisions (see attached Table 32) of Article 3 (Medical Institution) of the Medical Service Act.

Article 26 (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 a contractor or an insured person violates Article 24 by intention or gross negligence and his/her duty falls under important matters;

(2)(Omission) Notwithstanding paragraph (1)(1), the Company may not terminate the contract in any of the following cases:

1. Where a company knew or was not aware of such fact at the time of contract;

2. When two years (one year in the case of an insured person who has undergone medical examination) have passed since the company became aware of such fact, or when he/she has received the first insurance premium, without any cause for paying insurance proceeds.

3. When three years have passed since the date of concluding the contract (hereinafter referred to as "afforestation").

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