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(영문) 서울고등법원 2019.01.23 2018나2043140
보험계약 해지 무효 확인의 소
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. The reasoning for this part of this Court’s recognition is as stated in Paragraph 1 of the reasoning of the judgment of the first instance except for adding “the interior works” (hereinafter “instant construction”) to “the bottom of the third part of the judgment of the first instance,” and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff’s assertion is not subject to the duty to notify under Article 15(1)3 or 7 of the General Terms and Conditions of this case, and even if it is subject to the duty to notify the interpreter, the Defendant violated the duty to specify and explain the general terms and conditions related to the above duty to notify, and thus, cannot be asserted as the content of the insurance contract.

Therefore, the defendant's notice of termination of the insurance contract of this case against the plaintiff on June 20, 2017 is invalid.

3. Determination on this safety defense

A. The defendant asserts that the claim for confirmation of invalidity of termination of the insurance contract of this case without filing a lawsuit of performance seeking payment of insurance money in relation to the insurance contract of this case cannot be seen as a valid means for dispute resolution, and that the lawsuit of this case is unlawful as there is no benefit of confirmation.

B. Even in the past legal relations, if the current rights or legal status has been affected by the current rights or legal status, and it is recognized that obtaining a judgment on confirmation of such legal relations is a valid and appropriate means to eliminate risks or apprehensions with respect to the current rights or legal status, the lawsuit seeking confirmation of such legal relations shall be deemed

(See Supreme Court Decision 92Da40587 delivered on July 27, 1993, etc.). In the instant case, there is a dispute as to whether the instant insurance contract has been terminated by the notice of termination given by the Plaintiff and the Defendant, and if it is confirmed that the termination of the instant insurance contract is null and void, the instant insurance contract remains in existence. As such, the Plaintiff is the Plaintiff.

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