1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The parties' assertion

A. At the time of June 12, 2012, the Plaintiff claimed that the Defendant subscribed to insurance on the ground of the Defendant’s work as an insurance solicitor of Samsung Life Insurance Co., Ltd. (hereinafter “Tsung Life”)’s performance at the end of June.

Accordingly, the Plaintiff and the Defendant subscribed to a pension insurance consisting of KRW 850,000 for monthly payment, and maintained it for one year thereafter, the Plaintiff agreed to compensate the Plaintiff for the difference between the termination refund paid by the Plaintiff upon termination of the above pension insurance and the insurance premium paid by the Plaintiff (hereinafter “instant agreement”); and the Defendant subscribed to an insurance policy consisting of KRW 850,000,000 for monthly insurance premium recommended by the Defendant (hereinafter “instant insurance”).

Around June 2013, one year thereafter, the Plaintiff terminated the automatic transfer of insurance premium upon contact with the Defendant. On August 2, 2013, the Plaintiff terminated the instant insurance in accordance with the procedure notified by the Defendant, and received KRW 5,729,782 out of the insurance premium paid by the Plaintiff for one year from Samsung Bio-resources as the refund for termination.

Therefore, the Defendant is obliged to pay the Plaintiff the remainder of KRW 4,470,218 (i.e., the above KRW 10.2 million - the above KRW 5,729,782) on the premium paid by the Plaintiff in accordance with the instant agreement, and damages for delay therefrom.

B. On June 12, 2012, the Defendant asserted that the Defendant only introduced the above pension insurance to the Plaintiff upon the Plaintiff’s request that it design the annuity insurance product, and did not conclude the instant agreement with the Plaintiff.

Therefore, the defendant cannot respond to the plaintiff's request.

2. As to whether the instant agreement has been concluded between the Plaintiff and the Defendant, the Plaintiff concluded the instant insurance contract with the Defendant via the Defendant on June 12, 2012, and the Plaintiff’s termination of the instant insurance contract on August 2, 2013, and KRW 5,729,782 from Samsung Bio-resources.