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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of Gap evidence Nos. 1, 2, 3, 5, Eul evidence Nos. 2, Eul evidence Nos. 4-1, and Eul evidence No. 4-2, the result of this court’s order to submit documents to the defendant and the whole purport of arguments:
On September 21, 2007, the Plaintiff subscribed to the “(D) No. 1, 2007 Social Insurance II” (hereinafter “instant insurance”) sold by the Defendant, and the said insurance may freely pay the insurance premium to the account holder and withdraw the reserves. The insurance company is an investment product with the content that the insurance premium paid by the account holder is invested in stocks, bonds, etc. and pays dividends in accordance with the rate of return on fund management.
B. The Plaintiff, while paying the insurance premium to the Defendant in accordance with the instant insurance, withdrawn the amount of KRW 1,512,30,000, out of the total amount of KRW 866,240,000 on July 1, 2013, and KRW 430,000 on July 2, 2013, and KRW 1,512,30,000 on July 3, 2013, and KRW 216,090,00 on July 3, 2013.
C. On July 9, 2013, after the Plaintiff withdrawn the aforementioned reserve, the Defendant’s employees sought the return of the reserve fund between the Plaintiff and the Plaintiff’s employees on the ground that the reserve fund of the insurance of this case was excessively invested due to computer error. The Plaintiff returned the amount to the Defendant (i.e., KRW 700,000,000 on July 16, 2013; KRW 200,000,000 on July 17, 2013; KRW 200,00,000 on July 19, 2013; KRW 246,50,000,000 on August 14, 2013; KRW 16,000,000 on August 16, 2013; KRW 146,500,000 on August 14, 2013; and hereinafter “the reserve fund”).
2. The parties' assertion
A. The Plaintiff’s instant reserve fund is not excessive calculated due to the computer error, but was normally processed, and thus, the Plaintiff returned the said reserve fund to the Defendant by intimidation by the Defendant, notwithstanding the absence of the obligation to return it to the Defendant. Therefore, the Defendant is equivalent to KRW 1,446,50,00, which is the above reserve fund without any legal ground.