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(영문) 수원지방법원 2017.12.07 2017나59475
채무부존재확인
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. (1) On April 29, 2015, Defendant A entered into an insurance contract with the Plaintiff on April 29, 2015: C insurance period: From April 29, 2015 to April 29, 2030: A beneficiary of a death insurance contract: A contract for a renewed type of disease, death, high-level disability (payment of KRW 100 million for death due to disease) (hereinafter “instant insurance contract”).

2) Of the terms and conditions applicable to the instant insurance contract, the part relating to the instant case is as follows.

Article 16 (Obligation to Notify before Contract) of the General Terms and Conditions (Obligation to Notify before Contract) The contractor or the insured are aware of the fact that he knows in the subscription date (in the case of a diagnosis contract, the time of health examination) about the matters asked in the subscription form (hereinafter referred to as "the obligation to notify before contract, and the same as "the obligation to notify" under the Commercial

However, in the case of a diagnosis contract, it may substitute for a medical examination as data to determine the health conditions, such as a copy of a medical examination certificate conducted by a workplace or an individual in a general hospital pursuant to Article 3 (Medical Institution) of the Medical Service Act.

Article 17 (Effect of Violation of Duty to Notify) (1) A company may terminate a contract regardless of whether or not damage has occurred, if it violates Article 16 (Obligation to Notify before the contract is concluded) by intention or gross negligence by intention or gross negligence, and if it falls under important matters.

(2) Notwithstanding paragraph (1), the company may not terminate the contract in any of the following cases:

2) When the company becomes aware of the fact, or when two years (one year for a disease in the case of a diagnosis contract) have not occurred without any cause for the payment of insurance money from the time when it received the first insurance premium, Article 1 of the Special Terms and Conditions related to Disease (the company that caused the payment of insurance money shall transfer to the insured as stated in the insurance policy.

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