1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Determination on the cause of the claim

A. Although the Plaintiff’s assertion-free old-age insurance policy does not cover the insurance premium paid to the policyholder even if the insurance contract term expires without the policyholder being involved in the accident, employees belonging to the Defendant, by deceiving the Plaintiff that the amount calculated by adding KRW 1,000,000 to the total amount of the insurance premium paid when the insurance contract term expires without being affected by entering into a non-payment-free old-age insurance policy, and entered into an insurance contract with the Defendant (hereinafter “instant insurance contract”) on April 2, 2007. From April 2, 2007 to July 2, 2014, the Defendant paid the insurance premium of KRW 2,757,040 per month to KRW 31,30 per month for 88 months from July 2, 2014.

However, around August 2014, the Plaintiff knew that the instant insurance contract does not guarantee the return of the paid-in premium as alleged by the employee affiliated with the Defendant, and on August 19, 2014, the Plaintiff sent to the Defendant a certificate of content that stated that the instant insurance contract was revoked on the ground of the Defendant’s deception. The said certificate of content reached the Defendant around that time, and thus the instant insurance contract was revoked.

Therefore, following the cancellation of the instant insurance contract, the Defendant is obligated to refund to the Plaintiff KRW 2,757,040 in total the paid-in premium and delay damages thereon.

B. Whether there was a deception by the employees belonging to the defendant, and each statement of Gap evidence Nos. 1 through 3 alone is insufficient to recognize the fact that the defendant's employees stated that the amount calculated by adding 1,000,000 won to the total principal amount of the insurance premium paid when the insurance contract expires without being involved in an accident and without being involved in the accident to the plaintiff. There is no other evidence to acknowledge it. Rather, considering the purport of each statement of Gap evidence Nos. 1 through 6, the defendant does not have any other evidence to acknowledge it.