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(영문) 서울중앙지방법원 2013.11.22 2013가합5966
보험금
Text

1. The Defendant shall pay to the Plaintiff KRW 712,810 as well as 20% per annum from June 1, 2012 to the day of complete payment.

Reasons

1. Basic facts

A. On August 5, 2008, the Plaintiff entered into the instant insurance contract with the Defendant with the following terms and conditions (hereinafter “instant insurance contract”).

The insurance period: Securities numbered from August 5, 2008 to August 16, 2000: The beneficiary of the Plaintiff’s maturity refund: From August 5, 2008 to August 5, 2057: The beneficiary of the Plaintiff’s death: The subscription amount: 30,000,000 won of the subscription amount for injury or death after death (the maturity of 100 years of age): 30,000,000 of the subscription amount for injury or injury medical expenses (the maturity of 80 years of age) and the subscription amount of 20,000,000 won of the subscription amount (the maturity of 10,000 won of the injury or injury medical expenses (the maturity of 5 years of age, the renewed maturity of 80,000, 300,000 of the subscription amount for renewed type of disease or disease medical expenses (the maturity of 5 years of age, the renewal of 80 years of age), 80,000 won of the subscription amount (the maturity of 200

B. Since August 15, 2008, the Plaintiff paid the total amount of KRW 4,098,360,000 on 51 occasions from November 15, 2012.

C. On January 20, 201, the Plaintiff complained of symptoms at the right hand, and received hospitalized treatment under C Hospital’s disc diagnosis (the name of diagnosis or any other warning signboard), and thereafter, paid KRW 712,810 as expenses for outpatients and hospitalized treatment. On the basis of the instant insurance contract, the Plaintiff claimed insurance money corresponding to the above medical expenses to the Defendant Company based on the instant insurance contract, but the Defendant refused to pay the insurance money on the ground that the Plaintiff did not notify the “matters to be notified before the instant insurance contract” of traffic accidents around 205 at the time of entering into the instant insurance contract.

In fact, the Plaintiff was subject to a traffic accident in 2005 and was in a wooden-related surgery. However, in the instant insurance contract offer and the documents to be notified before the contract (Evidence A 1 and 2), the term “pre-contract notification obligation” for the purpose of concluding the instant insurance contract refers to “deficient disability (deficient disability, etc.)” and “within the latest five years, since it has a disability with respect to any of the following matters at the present.”

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