1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

1. Basic facts

A. Article 24 (Obligation to Notify before the contract) of the conclusion of an insurance contract does not necessarily inform the fact that the contractor or the insured (person subject to insurance) is aware of the matters asked in the subscription form at the time of the subscription (hereinafter referred to as “the obligation to inform before the contract,” and the same as “the obligation to notify” under the Commercial Act.

Article 28 (Contract by Fraud) Where a contractor or the insured (person Subject to Insurance) passes the diagnosis procedure by means of a substitute diagnosis or medication, or where a company proves that the contract has been concluded by fraud, such as hiding and joining the diagnosis, after obtaining the diagnosis and confirmation of infection of cancer or human immunodeficiency virus (HIV) before the date of diagnosis, alteration or subscription, it may cancel the contract within five years (within one month from the date of knowing the fraudulent fact) from the date of the contract.

1) On July 29, 2013, the Plaintiff between the Defendant, an insurance company, and the Defendant, who is the Plaintiff’s spouse, entered into an insurance contract including a special contract under which the insured is to be paid KRW 20 million if the insured’s death is determined as KRW 70,000 per month from July 29, 2013 to July 29, 2050. (hereinafter “instant insurance contract”).

The part related to this case in the ordinary terms of the insurance contract of this case is as follows. 2) At the time of the conclusion of the insurance contract of this case, the plaintiff and the deceased C are asked to the following questions: "At the time of the conclusion of the insurance contract of this case, the plaintiff and the deceased C have received medical treatments such as hospitalization, surgery, medical treatment for not less than 7 consecutive days through a medical examination or examination within the past five years, and continuously for not less than 30 days," and "within the past five years, 11 major diseases (am, stroke, stroke, etc.)" in paragraph 10.