A. 1) The Plaintiff C received KRW 34.5 million from November 2014 to January 2016 as insurance premium from the Plaintiff A and used it at will, thereby causing damage to the Plaintiff A. As such, Defendant C shall compensate the Plaintiff for the damage incurred therefrom) Defendant C from July 201 to October 2015, Defendant C received KRW 56 million as insurance premium from the Plaintiff B from July 201 to October 201, and did not arbitrarily consume or pay it under the name of borrowed money without intent or ability to pay it. As such, Defendant C did not compensate the Plaintiff for the damage incurred therefrom.

B. Articles 208(3)1 and 257(1) of the Civil Procedure Act of the judgment without a pleading

2. Determination as to the claim against the defendant M&T life insurance company

A. The facts of recognition 1) Defendant C, from April 20, 2003 to September 1, 2008, from December 10, 2012 to August 1, 2014, from February 4, 2015 to May 1, 2015, and from May 20, 2015 to June 1, 2016 (hereinafter referred to as “Defendant Teaching Life Insurance”).

(2) On July 2012, Plaintiff A recommended Defendant C to change the payment method of insurance premium from the visit fee to the account of Defendant C, and paid KRW 3.5 million in total as insurance premium from July 2015 to January 2016. < Amended by Act No. 13508, Jul. 2, 2015; Act No. 13504, Jan. 2, 2016>

3) Plaintiff B heard from Defendant C that “When subscribed to pension insurance for variable life insurance for Defendant C and paid the premium in lump sum, the premium may be paid and guaranteed less than the premium may be paid.” Defendant C paid KRW 5 million on July 19, 201, and KRW 5 million on December 12, 201, respectively. Plaintiff B paid KRW 4) from Defendant C.