logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2020.02.12 2019나23274
채무부존재확인
Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) is revoked.

2. An insured incident as described in Attachment 1.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On January 6, 2012, E, the husband of the Defendant, concluded an insurance contract with the Plaintiff listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant insurance contract”), and E, in addition to the basic guarantee, has also subscribed to “the death of a disease (e.g., the renewed amount of KRW 100 million)” (hereinafter “instant insurance contract”).

(hereinafter “instant special terms and conditions”). Afterward, the policyholders of the instant insurance contract were changed to the Defendant in E.

[Ordinary Terms and Conditions] Article 29 (Obligation to Notify before the contract) of the contractor or the insured (subject to insurance) shall inform the fact that he knows about the matters asked at the time of subscription (in the case of a health examination contract, he refers to the health examination certificate).

However, in the case of a health examination contract, it may substitute for a health examination as data that can determine the health conditions, such as a copy of the health examination certificate conducted by a workplace or an individual at a general hospital or a hospital as referred to in Article 3 (Medical Institution) of

The obligation to notify the contract in advance is provided for in Article 651 of the Commercial Act (Termination of Contract due to Breach of Duty of Disclosure).

The policyholder or the insured shall inform the insurance company of the material facts that the insurance company has asked in writing at the time of subscription, and may be at a disadvantage such as termination of the insurance contract or payment of the insurance proceeds in the event of violation.

[Special Terms and Conditions of this case] Article 1 (Types and Grounds for Payment of Insurance Money) Company (Persons Subject to Insurance) has died as a result of a direct result of a disease during the insurance period of this Special Terms and Conditions, the following amount shall be paid to the beneficiary (persons who receive insurance money) as insurance money.

Article 2 (Detailed Provisions concerning Payment of Insurance Money) (1) of the purchase amount of insurance under this special agreement shall be applicable to "Duty to Notify the whole contract (limited to important matters)" in the application form.

arrow