1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 19, 2006, the Plaintiff entered into a non-dividend pension insurance contract (hereinafter “instant insurance contract”) containing monthly insurance premium of KRW 20,000,000, the payment period of KRW 7 years, and the death insurance amount of KRW 20,00,00, which is the representative director of the Plaintiff.

B. Under the instant insurance contract, the Plaintiff began to pay KRW 20,000,000 monthly insurance premium from October 19, 2006 to the Defendant, and paid KRW 16,80,000,000 in total as insurance premium for seven years from September 23, 2013.

C. On April 28, 2008, the insured period of the instant insurance contract was KRW 242,728,00, KRW 650,008,000 on March 8, 201, and KRW 1,262,736,00 on October 8, 201, and KRW 370,000,000 on October 8, 201, and KRW 1,262,736,00 on the insurance proceeds of the instant insurance contract.

On October 7, 2014, the Plaintiff terminated the instant insurance contract and received KRW 331,665,640 as a refund for termination.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, one of the evidence Nos. 6-1, the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. The plaintiff asserts that the defendant's failure to perform his duty of explanation or incidental duty under the insurance contract of this case, which was entitled to refund at the time of termination of the insurance contract of this case, as follows: 1,262,736,00 won of the termination refund of 1,815,520,587, which was entitled to refund at the time of termination of the insurance contract of this case, and 221,18,947 won remaining after deducting 331,65,640 won of the termination refund actually received, and 85,598,360 won of the above amount, which was part of the above amount, was claimed as damages for non-performance.

(1) The Defendant’s assertion of nonperformance due to the breach of the duty of explanation on the accumulated net premiums or the duty of incidental care is included in KRW 20,00,000 per month of the instant insurance contract, even thereafter, as well as in KRW 2,244,00 per month of the instant insurance contract, the net insurance premium out of the above monthly insurance premium is over KRW 17,756,00,000, and the net insurance premium is above.