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(영문) 대전지방법원 2016.12.16 2015가합3703
보험계약존속확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

On December 14, 2011, the Plaintiff concluded the instant insurance contract with the Defendant with the content of the insured’s disease, disability, and death.

The terms and conditions of the above insurance contract stipulate that "contractor or the insured (person insured) is aware of the fact that he/she knows about the matters asked in the subscription form at the time of subscription (hereinafter referred to as "pre-contract notification obligation", and the same as "the obligation to notify" under the Commercial Act)" as to the effect of the breach of the duty of disclosure, and in relation to the effect of the breach of the duty of disclosure, "the company may terminate the insurance contract if the contractor or the insured (person insured) violates Article 25 (the obligation to notify before the contract) intentionally or by gross negligence and the obligation constitutes an important matter" (Article 27 (1)).

On March 22, 2014, the Plaintiff was urged to undergo a close inspection and to undergo a close inspection, following the health examination conducted by B, and around April 2014, the Plaintiff was diagnosed on April 15, 2014 as the result of the close inspection conducted by hospital members and hospitalization at the Chungcheongnamnam University Hospital.

(hereinafter “instant insurance accident”). On April 10, 2014, the Plaintiff claimed the Defendant to pay the insurance proceeds regarding the instant insurance accident.

Accordingly, on May 28, 2014, the Defendant paid the Plaintiff totaling KRW 12,568,214 of the insurance proceeds arising from the instant insured event.

Meanwhile, around May 13, 2014, while investigating the instant insurance accident by an adjuster, the Defendant became aware that the Plaintiff was not informed of the fact that the Plaintiff had already taken advantage of high blood pressure diagnosis and drugs at the time of the insurance contract. Accordingly, around May 17, 2014, the Defendant notified the Plaintiff of the termination of the instant insurance contract on the ground of the instant breach of duty of disclosure.

[Grounds for recognition] Unsatisfy, A No. 1.

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