1. The plaintiff's appeal and the claim extended in the appellate court are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

1. Basic facts

A. On June 24, 2008, the Plaintiff concluded C insurance contract with the Defendant, the insurer, and the Plaintiff as the contractor and the insured (hereinafter “instant insurance contract”).

B. From June 24, 2008 to April 26, 2010, the Plaintiff paid a total of KRW 1,168,614 as the insurance premium of the instant insurance contract.

[Reasons for Recognition] Entry of Evidence Nos. 3 through 6, the purport of the whole pleadings

2. On the other hand, the Plaintiff asserts that the insurance contract of this case was null and void without the signature of the Plaintiff at the time of entering into the insurance contract of this case, and sought payment of the insurance premium and its interest and the costs of the lawsuit which had been filed to be returned.

However, the evidence presented by the Plaintiff alone is insufficient to recognize the invalidity of the instant insurance contract.

Even if the instant insurance contract is null and void, the right to claim the return of each insurance premium paid pursuant to the invalid insurance contract is proceeding from the time of the payment of each insurance premium, barring special circumstances (see Supreme Court Decision 2010Da92612, Mar. 24, 2011). The Plaintiff’s right to claim the return of the insurance premium has expired by the expiration of the extinctive prescription period on April 26, 2012, when the two-year prescription prescribed in Article 662 of the former Commercial Act (amended by Act No. 12397, Mar. 11, 2014) was expired from April 26, 2012.

Since the plaintiff's claim for the return of insurance premium cannot be accepted, the plaintiff cannot seek the payment of the relevant litigation cost.

Ultimately, the plaintiff's claim cannot be accepted.

3. If so, the judgment of the court of first instance with the same conclusion is legitimate. Thus, all of the claims extended by the plaintiff's appeal and appellate court are dismissed.