1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 3, 2017, the Plaintiff, an insurance company, concluded an insurance contract (hereinafter “instant insurance contract”) with the Defendant via the Defendant, an insurance solicitor (hereinafter “the deceased”).

The name of insurance products (securities number) cover period of insurance / the policyholder/insured/beneficiary/beneficiary subscription amount D General Insurance (E) from March 3, 2017 to March 3, 2067.

B. Around 06:20 on April 5, 2017, the Deceased was on the top of the steering line of G G GGGI car owned by F (hereinafter “instant vehicle”) and moved to the top of the GGI car owned by the Deceased, the Deceased was first shocked to the loading of the instant vehicle on the national highway front of the IF car located in Ulsan-gun, Ulsan-gun, and died of the instant vehicle due to its high-level physical damage on the site of around 06:22 on the same day on the wind where signals, etc. installed on the right side are shocked by the second.

C. The Plaintiff paid KRW 300,000,000 to the legal heir of the deceased on August 7, 2017.

On the other hand, the defendant, at the time of the solicitation of the insurance contract of this case, intended to sign the written application from the deceased, but the deceased could not have signed the written application, instead of signing the deceased, and issued a product description and insurance policy to the deceased.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1, 2 and 3, purport of the whole pleadings

2. The plaintiff's assertion

A. Article 731(1) of the Commercial Act provides that "any insurance contract which covers the death of another person as an insured event shall obtain the written consent of the other person at the time of conclusion of the insurance contract," and Article 97(1)7 of the Insurance Business Act provides that any person engaged in the conclusion or solicitation of insurance contracts shall place his/her signature on behalf of the policyholder or the insured without obtaining the consent of the policyholder or the insured, if it is necessary to sign the insurance contract with respect to