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(영문) 대구지방법원 2018.11.01 2018나300744
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On March 6, 2013, between the Plaintiff and the Plaintiff, the Defendant entered into an insurance contract with the term of the contract from March 6, 2013 to March 6, 20106 (hereinafter “instant insurance contract”). The instant insurance contract guarantees the amount of guarantee for lost medical expenses as KRW 45,00,000,00.

B. On the date of the conclusion of the above contract, the Defendant’s father D, Defendant’s father B, and the Defendant’s mother C expressed “no” to the question “within the last three months whether medical practice (the diagnosis, diagnosis of disease, diagnosis of disease, treatment, hospitalization, surgery, medication) was performed through a diagnosis or examination,” and entered the Defendant’s extension at 142 cm.

C. The part related to the instant case among the content of “Duty to notify prior to the contract” in the written subscription for the instant insurance contract, including the foregoing content, is as follows.

Obligations to inform the entire contract;

4.[Disability] In the case of “easy disability”, whether the person’s physical disorder may appear due to present visual, coin, ear, language, Chewing function, mental or psychotropic function disorder, arms, legs, legs, fingers (including fingers), booms (including fingers), spine loss or transformation inverte, or whether the person’s physical disorder may appear (e.g.) - In the case of “e.,” the cause and details of the disability shall be specified in detail.

5.[within the latest three months] The following medical practices are included in the medical examination: (i) the diagnosis for the determination of a disease (other than the foregoing), (ii) the diagnosis for a disease, (iii) the diagnosis, (iv) the hospitalization, (vi) the surgery (including the king), medication or the medical examination; (vi) the diagnosis for a disease is issued by a medical doctor; and (iii) the diagnosis or medical opinion is issued by a medical doctor.

7.[within the latest one year] through a diagnosis or examination by a doctor.

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