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(영문) 대구지방법원 2017.02.16 2016가합201535
보험에관한 소송
Text

1. The insurance contract shall be based on each insurance contract mentioned in the table of the details of the insurance contract in the annexed sheet 1;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff, an insurance company that runs non-life insurance business, etc., concluded a total of four insurance contracts (hereinafter “each of the instant insurance contracts”) as shown in the attached Table 2, as shown in the attached Table 2, with the Defendant’s leakage and network B (hereinafter “the network”).

B. The main contents of each of the instant insurance contracts are as follows.

[Definition of Terms] Injury: Damage to the body of a person caused by a sudden and incidental accident.

[Grounds for Payment of Insurance Money] The Company shall pay the insurance money agreed upon to the beneficiary where the insured died as a direct result of the injury that occurred during the insurance period (excluding death caused by a disease).

[Grounds for Not Payment of Insurance Money] No insurance money shall be paid when the insured intentionally damages himself/herself.

Provided, That insurance proceeds shall be paid where the insured has impaired himself/herself in the state of being unable to make a free decision due to mental disorder, etc.

[Payment Procedure for Insurance Money] The Company shall pay insurance money within three business days from the date of receipt of the documents claiming insurance money.

[Obligation to notify before the contract] When the contractor or the insured makes an offer, he/she must inform the fact that he/she is aware of the matters asked in the written offer.

[Effect of Violation of Duty to Notify] A company may terminate a contract regardless of whether the contractor or the insured has breached the duty to notify the whole contract by intention or gross negligence, and if the obligation constitutes an important matter, the contract may be terminated.

C. Meanwhile, the Deceased had received treatment before and after the conclusion of each of the instant insurance contracts as indicated in the Medical Treatment Details Table before and after his/her birth. On April 3, 2015, the Deceased prepared a question of “matters of obligation to inform before and after the conclusion of the insurance contract” on April 3, 2015, and conducted a medical examination or examination by a doctor within the last three months.

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