1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiffs are between themselves, and C (Co-defendants in the first instance trial) is an insurance solicitor belonging to the Defendant from around 1996, who mediated the conclusion of an insurance contract between the Plaintiffs and the Defendant.

B. Through C, approximately 90 insurance contracts were concluded between the plaintiffs and the defendant. C used passbooks, seals, identification cards, etc. received from the plaintiffs to use the loan by obtaining a loan of 28 terms and conditions based on the 28 insurance contracts, and among them, terminated the nine insurance contracts and received the refund for cancellation of the contract.

C arbitrarily received a loan of the terms and conditions as shown in attached Tables 1 and 3, thereby causing damage to the plaintiffs (occupational breach of trust), and as described in attached Tables 2 and 4, part of the insurance contract concluded under the names of the plaintiffs was arbitrarily terminated and embezzled by consuming the cancellation refund.

(Occupational) On February 7, 2014, one year of imprisonment and the sentence became final and conclusive on the ground of embezzlement.

(F) Each statement in Gap evidence 1 through 3 (including branch numbers), Gap evidence 6, 7, and 10 (including various branch numbers), and the purport of the whole pleadings, as a whole, without any dispute (based on recognition).

2. The plaintiffs' assertion

A. Chapter 1 Plaintiffs paid to C the insurance premium under the insurance contract concluded with the Defendant under the name of the Plaintiffs each month.

However, C used most of the insurance premiums received from the plaintiffs for the payment of insurance premiums under insurance contracts concluded in the name of third party unrelated to the plaintiffs, and used them to pay insurance premiums under insurance contracts concluded in the name of the plaintiffs for the performance of C without the consent of the plaintiffs.

Therefore, C’s arbitrary use of the insurance premium received from the Plaintiffs constitutes a tort against the Plaintiffs.

On the other hand, C's above acts relating to insurance solicitation or defendant.