1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. At the first instance court, the Plaintiff claimed the amount of insurance premium in lieu of the Plaintiff, ② The court of first instance accepted only the claim, ② the claim dismissed.

However, since only the defendant filed an appeal against the claim ①, the scope of the trial of this court is limited to the claim ①.

2. Determination on a claim for the substitute payment of premiums

A. The Plaintiff and the Defendant: (a) around 2010, when the Plaintiff, who had been an insurance solicitor at the time of 2010, subscribed to three cases of C insurance (D insurance, E insurance, and F insurance) and the Defendant received the insurance money (or refund in the event of termination of the insurance) due to the occurrence of an insured event (or in the event of termination of the insurance), instead of paying the said insurance premium, the Plaintiff agreed to return the paid insurance premium to the Plaintiff (hereinafter “Plaintiff’s assertion”).

The Plaintiff paid the insurance premium of KRW 6,808,232 on behalf of the Defendant from around 2010 to January 2016, and the insurance premium that the Defendant received through each of the above insurance from around 2016 reaches KRW 8,152,915.

Plaintiff

According to the claim agreement, the defendant is obligated to pay to the plaintiff 6,808,232 of the paid-in premium and damages for delay.

B. The evidence presented by the Plaintiff alone is insufficient to recognize that there was an agreement between the Plaintiff and the Defendant on the assertion of the Plaintiff.

The Plaintiff’s assertion based on the premise that such an agreement was reached is rejected.

3. Conclusion, the Plaintiff’s claim of this case must be dismissed for lack of reasonable grounds.

In conclusion, the part against the defendant among the judgment of the court of first instance that different conclusions is revoked, and the plaintiff's claim corresponding to the revoked part is dismissed.