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(영문) 창원지방법원 통영지원 2017.02.07 2016가단22829
보험금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On May 3, 2013, the Plaintiff concluded an insurance contract with the Defendant with the following terms (hereinafter “instant insurance contract”).

Under the insurance contract of this case, the term “malutic life of nursing and inter-scopic colonies” is classified as 11 popic cancer.

The major contents of the instant insurance contract - The name of the insurance company of this case - The name of the non-distribution professional programming unit insurance 1304 Securities Number: B policyholder and the insured: the insured period of the Plaintiff: the purchase amount of the insurance contract under the automatically renewed special agreement with the maturity of May 3, 2013 to May 3, 2065 : 20 million won - The cancer diagnosis cost II: 11,000 won - the 11th specific cancer diagnosis cost E: 10 million won - the 11th specific cancer diagnosis cost renewal: 10,000 won - the 111th specific cancer diagnosis cost E type: 10,000 won the Plaintiff was finally diagnosed by the Masan Hospital on February 5, 2015.

【In the absence of dispute, the Defendant, the insurer of the instant insurance contract, claiming the parties to the purport of the entire pleadings, is obligated to pay to the Plaintiff, the insured, the amount of insurance proceeds of 50 million won under the instant insurance contract, and damages for delay calculated at the rate of 6% per annum prescribed by the Commercial Act from January 26, 2015 to the delivery date of the Plaintiff’s written complaint, from February 1, 2016 to the delivery date of the written complaint of this case, from January 26, 2015, which was three days after the date of receipt of the instant insurance proceeds of this case, and from the following day to the date of full payment.

In addition, there is no causation between the plaintiff's violation of duty of disclosure and the occurrence of insurance accident.

The defendant's assertion did not notify the defendant at the time of entering into the insurance contract of this case, despite the fact that the plaintiff received medical treatment due to chronic virus infection.

Inasmuch as the instant insurance contract was terminated on July 20, 2015 due to the Plaintiff’s breach of the duty of disclosure, the Defendant is not obliged to pay insurance proceeds.

Judgment

The plaintiff who violated the duty of disclosure.

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