부산고등법원 2016.03.24 2015나53896



1. All appeals by the defendant against the plaintiffs are dismissed.

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

3. Judgment of the court of first instance.


1. The following facts are acknowledged according to the purport of Gap evidence Nos. 1 to 7 (including each number), Eul evidence Nos. 1 to 2, Eul evidence Nos. 1 and 2, and the whole arguments.

A. Defendant ABN Life Insurance Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is an insurance company established for the purpose of life insurance business, etc., and the first instance co-defendant D (hereinafter “D”) served as the site store of Defendant E branch from July 16, 2012 to November 201, 2013.

B. Plaintiff A heard from D on August 29, 2012 the phrase “to pay interest rate of 5.2% per annum and to make a free purchase of insurance,” and concluded an insurance contract with the Defendant through D, and paid a total of KRW 158 million to D on several occasions during several occasions from August 29, 2012 to September 17, 2013, and did not receive a refund of KRW 47.5 million among them.

C. On March 15, 2013, Plaintiff B heard from D the words “in the site of an insurance company, it is an insurance company’s site location, so that the insurance company will pay 0.5% interest per annum to 5.2% welfare interest,” and entered into an insurance contract with the Defendant via D through D, and paid KRW 31 million on March 15, 2013, and KRW 60 million on March 18, 2013 to D under the name of insurance premium.


C) On October 4, 2013, after hearing the words “in-house store of an insurance company, it is an insurance company’s site store, and thus adding 0.5% to 0.2% interest per annum from an insurance company, and making a free purchase of insurance policy with a defendant, through D, to enter into an insurance contract with a defendant. The amount of KRW 20,000,000 on October 4, 2013, and KRW 300,000 on November 31, 2013, and KRW 200,000 on November 8, 2013, and KRW 30 million on a premium basis.

E. However, in fact, the defendant did not deal with the insurance products of the kind recommended by D to subscribe to the plaintiffs, and did not conclude an insurance contract between the plaintiffs and the defendant, and received the plaintiffs from D.