1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant is a company engaged in the insurance business prescribed by the Insurance Business Act, and C and D are the persons who were engaged in insurance solicitation while serving as the insurance solicitor of the Defendant Jinyang branch.

B. Around February 1, 2016, C presented the form of investment subscription written to the Plaintiff, an insurance customer of C, stating that “I will pay dividends of KRW 1.5 million per month to the Plaintiff,” and that “I will pay dividends of KRW 1.5 million per month if I invest KRW 100 million.” The Plaintiff signed the said investment subscription form and remitted KRW 60,000,000 to C’s bank account.

C. On August 2016, C referred to the Plaintiff to the effect that “The 30 million won is a short-term product, because the tiny special product was made,” but the Plaintiff rejected it, and said that “D shall be asked even by telephone.”

Around that time, the Plaintiff made a telephone to D, and D told the Plaintiff to the effect that “I have any such good. good goods are invested” to question whether “I have a single-year short-term investment product.”

On August 31, 2016, the Plaintiff transferred KRW 30,000,00 to C’s bank account.

However, not only did the above-mentioned invested goods, but also C voluntarily prepared the subscription form for investment contract, and even if receiving money from the Plaintiff, it was thought that C would be used for the purpose of paying personal debts, etc., and did not intend to deposit with the Defendant, C acquired money from the Plaintiff, forged and exercised the subscription form for investment, etc.

‘The Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)' was prosecuted.

(former KRW 30,000,000 was charged with D). C as part of the facts charged, is determined by the judgment of the Changwon District Court Decision 2018Gohap38, 2018Gohap46, Jun. 7, 2018.