1. All the appeal filed by the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff)’s counterclaim filed in the trial are dismissed.

2...

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. From June 15, 2012 to February 27, 2013, B, who is the Defendant’s spouse and the insurance solicitor belonging to Dlim F Financial Design, entered into 12 insurance contracts between the Plaintiff and the policyholder and the insured, as shown in the separate insurance contract list.

(hereinafter referred to as “the instant insurance contract”) of each of the instant insurance contracts.

Each insurance contract of this case is a life insurance contract with the purport that the plaintiff is the beneficiary of the insurance, the insured who is alive until the expiration of the insurance period, the congratulatory money for maturity, and the insured who is dead during the insurance period.

C. The sum of the premiums received by the Plaintiff under each of the instant insurance contracts from the date of entering into each of the instant insurance contracts to March 2013 is KRW 406,140,000.

The Defendant secured each of the instant insurance contracts, as well as KRW 41,00,000,000 from the Plaintiff on February 1, 2013, and the same year.

8.27,170,000 won, and the same year;

3. A loan was granted in the aggregate of KRW 102,640,000 on 34,470,000.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff 1’s insurance contract is of the nature of the savings insurance, and the payment of the death insurance cannot be deemed as a life insurance, as it is not primarily intended for the payment of the death insurance.

In addition, the "insurance contract which covers the death of another person as an insured accident" as stipulated in Article 731 of the Commercial Act refers to the case where the policyholder and the insured are different. Since B concluded each of the insurance contracts of this case on behalf of the defendant as the policyholder and the insured, each of the insurance contracts of this case is an insurance contract which covers the death of the defendant as an insured accident, and all of the policyholders and the insured are the insurance contracts which covers the death of the