1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On October 19, 2007, through an insurance solicitor B belonging to the Defendant, the Plaintiff entered into a non-dividend social insurance contract with the Plaintiff, the beneficiary’s spouse C, and the insurance premium of KRW 32 million (hereinafter “instant first insurance contract”) and paid in lump sum the insurance premium of KRW 32 million.

B. On October 22, 2007, the Plaintiff entered into an insurance contract between the Defendant and the beneficiary of the foregoing C, the Plaintiff and the beneficiary of the foregoing C, and the Plaintiff’s non-payment of the insurance premium at KRW 1 million per month (hereinafter “instant secondary insurance contract”) and paid in advance the insurance premium of KRW 18 million per 18 months.

C. On May 18, 2009, the Plaintiff terminated the instant secondary insurance contract, received KRW 11,920,923 of the terminated refund money, and on July 14, 2014, terminated the instant first insurance contract and received KRW 23,416,972 of the terminated refund money.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 8, 9, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of claim

A. At the time of entering into each of the instant insurance contracts, the Defendant’s insurance planner B violated the duty of explanation and suitability, and thus, the Defendant is liable for damages suffered by the Plaintiff based on the employer’s liability under Article 756 of the Civil Act or the insurance company’s liability under Article 102 of the Insurance Business Act, as the employer of B.

B. Whether an insurance company or an insurance solicitor violates the duty of explanation 1 by clearly explaining, in concluding or soliciting an insurance contract with a customer, payment of premiums, grounds for payment of insurance proceeds and refund money for termination of payments and calculation standards of such amount, and, in the case of an amount-variable insurance contract, important matters of insurance contracts that can identify the characteristics and risks of individual insurance products, such as investment type and structure, etc., the customer should reasonably conclude an insurance