1. The judgment of the court of first instance is modified as follows.

Of the instant lawsuits, the part concerning the claim for the confirmation of existence of obligations.

1. Facts of recognition;

A. On February 20, 1998, the Plaintiff entered into a mutual savings bank agreement with the Defendant on February 20, 1998, with the amount of the insured, KRW 10,000,000 per month, KRW 39,40 per month, the insurance premium payment period of KRW 10 years, the maturity of February 20, 202, and KRW 39,400 per month until January 2008.

B. The Plaintiff borrowed KRW 4,130,000 on January 12, 2007 and KRW 640,000 on February 12, 2009, in accordance with the terms and conditions of the instant insurance contract, from the Defendant.

(hereinafter “instant insurance terms and conditions loan”). C.

Meanwhile, according to the insurance contract of this case, a policyholder may obtain a loan within the scope of cancellation refund according to the method set by the defendant. If the total amount of principal and interest of an insurance contract exceeds termination refund, he/she shall lose the benefit of time as a matter of course. In such a case, the defendant may set off the termination refund and the principal and interest of an insurance contract loan by cancelling the relevant insurance contract.

As the Plaintiff delayed the payment of interest and interest in arrears on the instant insurance terms and conditions, on June 3, 2015, the sum of the principal and interest on the instant loan (i.e., principal amounting to KRW 5,071,90 (i.e., KRW 4,130,000 and interest in arrears of KRW 847,828) reaches the amount of the cancellation refund of the instant insurance, the Defendant cancelled the instant insurance contract on the same day and appropriated the cancellation refund for the principal and interest on the instant insurance terms and conditions loan.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, 13, Eul evidence Nos. 1, 2, 4 through 7 (including additional numbers), the purport of the whole pleadings

2. As to the claim for the confirmation of the existence of the obligation among the lawsuit of this case, the plaintiff sought confirmation against the defendant as to the existence of the interest and the non-existence of the obligation for overdue interest on the loan of the insurance clauses of this case, it is reasonable to seek confirmation on the present rights or legal relations.