The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On August 24, 2017, the Plaintiff, through an insurance solicitor C, subscribed to the Plaintiff’s insurance contract and the Plaintiff’s explanation duty to the Plaintiff through the Plaintiff’s insurance solicitor C (hereinafter “instant insurance contract”). On August 24, 2017, the Plaintiff confirmed the Plaintiff’s performance of the Plaintiff’s insurance contract and the Plaintiff’s consent to the Plaintiff’s subscription through the Plaintiff’s monitoring phone (hereinafter “instant monitoring phone”) and the Plaintiff’s declaration of consent to the Plaintiff’s subscription.

B. The instant insurance falls under the “amount-variable insurance,” and the term “amount-variable insurance” refers to the performance-based dividend insurance that separates the project cost and the accumulated insurance premium excluding risk insurance premiums from the insurance premium paid by a policyholder and invests in securities with high profitability, such as stocks, public bonds, bonds, etc., and then divides the investment outcome into the contractor according to the management performance.

C. The Plaintiff paid KRW 77,697,000 in total before the instant lawsuit was filed, as insurance premium under the instant insurance contract.

[Ground of recognition] The evidence Nos. 1 to 5, the witness C's testimony, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. At the time of the conclusion of the instant insurance contract, an insurance solicitor C of the Plaintiff’s assertion did not accurately explain the characteristics of variable insurance and the possibility of loss of principal by explaining the instant insurance contract to the Plaintiff at the time of the conclusion of the instant insurance contract, and explaining that the principal of the insurance premium paid by the Plaintiff may be guaranteed in full clearly after the lapse of 6-7 years from a grace period. Accordingly, the Plaintiff entered into the said insurance contract by mistake that the total amount of the insurance premium paid even when the instant insurance contract is terminated, and thus, Article 109 of the Civil Act was concluded.