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(영문) 서울중앙지방법원 2020.02.05 2019나24451
보험금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal are assessed against the defendant.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning behind this part of the facts admitted by the court is as stated in the second part of the judgment of the court of first instance, excluding the following parts, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part II of the judgment of the court of first instance is 9. A.

subsequent to this subsection, the following shall be added:

Article 4 and Article 5 of the Terms and Conditions of the instant contract (hereinafter referred to as the “Terms and Conditions of this case”) provide for the duty to notify after the insurance contract. Article 4 (Obligation to Notify after the conclusion of the contract) ① Where the insured changes his occupation or duty (including where a private driver changes his occupation or duty to a private driver) or continuously uses a two-wheeled automobile or motor bicycle during the insurance period, the insured shall notify the company without delay. Article 5 (Effect of Violation of the Duty to Notify) ① The effect of the violation of the Duty to Notify this Special Terms and Conditions is at the risk of taking into account Article 17 (Effect of Violation of the Duty to Notify) of the General Terms and Conditions. ② When the insured fails to perform the duty to notify after the contract prescribed in Article 4 (1) related to an increase in obvious risks other than Paragraph (1) with intent or gross negligence of the insured, the contractor or the insured may terminate this contract regardless of the occurrence of damages. If the judgment of the first instance 2nd 10th 2nd 10, 2019.

“The deceased was sent back to the hospital, but died due to brain injury on the same day.”

"Ero-friendly".

No. 2 of the first instance judgment, 18 to 3, 2.

The following shall be deleted and the following shall be added:

D. On November 14, 2017, the Plaintiff filed a claim with the Defendant for payment of insurance money due to the death of the Deceased, but the Defendant on November 2018.

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