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(영문) 서울중앙지방법원 2018.01.18 2017가합545905
채무부존재확인
Text

1. The plaintiff's defendant (appointed party) based on the insurance contract entered in the annexed list due to the death of the deceased B and the remainder.

Reasons

Basic Facts

On July 14, 2014, the Plaintiff entered into an insurance contract (hereinafter “instant insurance contract”) with Defendant A (Appointed Party; hereinafter “Defendant”) and with the insurance period from July 14, 2014 to July 14, 204, with the beneficiary of the insured and deceased insurance proceeds as the legal heir B, and with the beneficiary of the death insurance proceeds as the beneficiary of the death insurance proceeds, and with respect to general injury and disability, the Plaintiff entered into an insurance contract with the content of the basic contract (hereinafter “instant insurance contract”).

When entering into the instant insurance contract, Defendant A subscribed to a special agreement on the guarantee of death of disease (in the amount of KRW 50 million).

Article 1(1) of the Special Terms and Conditions for the Guarantee of Death of a Disease stipulates that "I will pay the total amount of insurance coverage of the Special Terms and Conditions as death insurance if a disease is diagnosed and determined during the insurance period."

B was diagnosed by high blood pressure on June 30, 2014, which was before the conclusion of the instant insurance contract, and was used as taking place on July 2, 2014 by prescribing 32 days of blood pressure downstream.

However, at the time of concluding the instant insurance contract, the above B and Defendant A stated that the “matters to be known before the conclusion of the contract” in the “matters to be known” in the written subscription for the insurance contract was not obtained by doctors for confirmation of disease, suspicion, etc. within the last three months, and they did not always take drugs, such as blood pressure/hum

B was diagnosed with food cancer on July 5, 2016, and died on January 23, 2017 as a multi-life-long vision due to food cancer.

On the other hand, the Plaintiff terminated the instant insurance contract on the ground of the violation of the duty of disclosure on December 21, 2016, prior to the death of B.

B The heir is the wife C and the defendant A, the child of the wife, and the appointed party D.

[Based on the fact that there is no dispute, Gap evidence Nos. 1 through 7, and the plaintiff asserted the purport of the entire pleadings, the plaintiff alleged that the insurance accident of this case, "the death of a disease," occurred after the termination of the insurance contract, and therefore, there was no obligation to pay the death insurance under the insurance contract of this case.

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