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The judgment below is reversed, and the case is remanded to Busan High Court.
Reasons
The grounds of appeal are examined.
1. citing the reasoning of the judgment of the court of first instance, the lower court acknowledged the facts as indicated in its reasoning. On December 27, 2012, the Plaintiff, at the latest, knew of the violation of the duty to notify by the Defendant and the policyholder, the insured, and determined that the Plaintiff’s notice containing the intent to terminate the insurance contract of this case, reached B on February 4, 2013 after one month from the time of the termination, and thus, the Plaintiff’s declaration of the intention to terminate the insurance contract of this case was invalid.
2. However, we cannot accept the judgment of the court below for the following reasons.
Article 652 (1) of the Commercial Act provides that "When the policyholder or the insured becomes aware of the fact that the risk of the occurrence of an accident has been significantly changed or increased during the insurance period, he shall, without delay, notify the insurer thereof. If he neglects to do so, the insurer may terminate the contract only within one month from the date on which he becomes aware of
Here, whether the exclusion period has lapsed as the exclusion period is a matter to be investigated and considered by the court as a matter of course, regardless of the parties' claims.
In addition, the purpose of the period of exercise of the right to terminate under Article 652(1) of the Commercial Act is to prevent the insurer from being in an unstable position by continuing to maintain the state in which the insurer did not decide whether to terminate at any time, notwithstanding the existence of the cause for termination of the insurance contract and the situation in which it can be terminated. Thus, the starting point of the period of exercise of the right to terminate is not the time when the insurer knew of the significant increase in risks after the contract, but the date when the policyholder becomes aware of the fact that
Furthermore, there was no significant increase in the risk against the insurer by the policyholder.
or such fact.