1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. Basic facts

A. On December 28, 2007, the Plaintiff entered into an insurance contract with the Defendant with the monthly insurance premium of KRW 200,000, and KRW 7,000,000, and if the Plaintiff dies or suffers a disability with an aggregate payment rate of at least 80% during the insurance period, the Plaintiff entered into an insurance contract with the Defendant for social insurance (hereinafter “instant insurance contract”) with the content that the sum of KRW 7,00,000,000 in the performance of the special account up to that time is to be paid as insurance money.

B. Under the instant insurance contract from December 2, 2007 to February 2, 2016, the Plaintiff paid a total of KRW 19,800,000 to the Defendant, and withdrawn from the Republic of Korea KRW 2,790,000 among them, and on March 2016, the special account reserve was 14,509,525 won, and the operating return was satisfy.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the Defendant’s variable sales manager secured the principal within five years at the time of entering into the instant insurance contract, and the scheduled interest rate is 4.25% per annum.

However, on August 4, 201, the above variable insurance sales manager dieded on August 4, 201, and the defendant did not designate a succeeding designer and did not manage the insurance purchased by the plaintiff at all after the fact, and did not fulfill his duty to explain the management method, etc. of the insurance of this case.

The Plaintiff suffered a loss equivalent to KRW 20,351,067 (i.e., KRW 19,80,000 paid in 99 months (i.e., KRW 3,341,067) calculated at the rate of interest rate of 4.25% per annum under the insurance contract of this case, due to the Defendant’s nonperformance of management, failure to provide information, failure to explain, and failure to fulfill his duty to explain).

Therefore, the defendant is obligated to pay to the plaintiff KRW 20,00,000, which is a part of the above KRW 20,351,067, as damages.

B. (1) Determination is based solely on the evidence submitted by the Plaintiff, and the Defendant is a variable insurance sales manager or insurance solicitor on behalf of the Plaintiff.