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(영문) 의정부지방법원 2017.09.22 2016가단116022
채무부존재확인
Text

1. With respect to the insured events listed in the attached Table 1, the Plaintiff is the Defendants according to the insurance contract listed in the attached Table 2.

Reasons

1. Basic facts

A. On November 6, 2014, the Plaintiff operating an insurance business entered into an insurance contract in the attached Table 2 with D and the insured as D with the content that the insured undergo cancer diagnosis or is dead due to cancer, etc. In addition, the terms and conditions of the said insurance contract are as follows.

Article 16 (Obligation to Notify before Contract) The contractor or the insured shall be informed of the fact that he is aware of the fact that he is asked at the time of subscription (in the case of a diagnosis contract, the time of health examination) (hereinafter referred to as "duty to notify the contract," and the same as "Duty to notify" under the Commercial Act).

(hereinafter omitted) Article 18 (Effect of Violation of Obligation to Notify) 1 The Company may terminate this contract, regardless of whether or not damage has occurred, in the following cases:

1. Where the contractor or the insured violates Article 16 by intention or gross negligence and falls under any of the important matters, the company shall explain the important matters of the terms and conditions to the contractor at the time of making an offer by the contractor and shall post without delay the terms and conditions and the subscription forms for keeping the contractor in custody after making an offer;

However, if the contractor consents, the terms and conditions, the subscription forms for storage of the contractor, etc. may be sent by electronic means, such as optical recording media, e-mail, etc., and if the contractor or his/her agent receives the terms and conditions, and the subscription forms, etc. for storage of the contractor, they shall be deemed to have been read.

In addition, in the case of a mail order contract, the company may explain the important contents of the contract by one of the following methods with the consent of the contractor:

2. The details of an offer, payment of premiums, insurance period, obligation to notify prior to a contract, and important terms and conditions by telephone.

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