부당이득금
1. Of the judgment of the court of first instance, the part against the defendant regarding the plaintiff's conjunctive claim is revoked, and the revocation part is revoked.
1. The scope of the court's trial at issue is that the plaintiff primarily filed a claim for restitution of unjust enrichment upon the cancellation of the insurance contract with the defendant, and that claim for restitution of unjust enrichment under Article 102 (1) of the Insurance Business Act. The court of first instance dismissed the plaintiff's main claim, partly accepted the conjunctive claim, dismissed the remainder of the conjunctive claim, and only the part against the defendant as to the conjunctive claim in the judgment of the court of first instance against the defendant as to the conjunctive claim
2. As to the part of the underlying facts, the relevant part of the reasoning of the judgment of the first instance shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure
3. Judgment on the conjunctive claim
A. A. A summary of the Plaintiff’s assertion 1) The Plaintiff’s insurance solicitor explained the Plaintiff that the instant insurance contract was a product whose principal is guaranteed after five years, and the Plaintiff concluded the instant insurance contract with the insurance solicitor reliance on the aforementioned explanation, and became aware of the fact that the principal would be guaranteed eight to nine years later. As above, the Plaintiff suffered property damage equivalent to KRW 38,960,000 of the paid-in premium by entering into the instant insurance contract with the erroneous explanation that “five years” was “five years” and the time when the Plaintiff entered into the instant insurance contract. The time when the Plaintiff’s actual and conclusive loss occurred is five years after the conclusion of the instant insurance contract, which became known as the time when the principal is guaranteed, and the period of extinctive prescription is proceeding from that time on January 2, 2017, and the Plaintiff claimed against the Defendant within three years thereafter. Accordingly, the Defendant is liable to compensate the Plaintiff for damages incurred by the Plaintiff pursuant to Article 102(1) of the Insurance Business Act by the payment of the insurance premium up to 36.