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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) The Plaintiff is a person who is in the capacity of a third party with a third party being in the capacity of a third party. 2) Defendant B is a person who served as a variable insurance sales manager (hereinafter “FSR”) of Defendant M&C Co., Ltd. (hereinafter “Defendant Company”).
B. The Plaintiff concluded 12 insurance contracts between the Plaintiff and the Defendant and the Plaintiff’s insurance premium payments, etc.) between June 2, 2004 and July 29, 2010, as shown in attached Table 1, with the Defendant Company as shown in attached Table 1, between June 2, 2004 and July 29, 2010 with the Defendant Company (hereinafter the above 12 insurance are referred to as “each of the instant insurance”, and is specified by the sequences listed in attached Table 1.
(2) Each of the instant insurance covered by the Plaintiff is variable insurance, and among the insurance premiums paid by the policyholder (Plaintiff), the remainder accumulated insurance premiums, other than project costs and risk insurance premiums, are invested in the fund composed of stocks and bonds at the option of the policyholder, and has the characteristics of the policyholder with profits and losses arising from the performance of management. (2) Meanwhile, the Plaintiff paid the total insurance premiums of KRW 1,705,267,280, as shown in attached Table 1, from June 2, 2004 to June 25, 2013.
C. The insurance premium of each of the instant insurance contracts paid by the Plaintiff (i) between April 24, 2007 and July 31, 2013, as shown in Table 2 attached hereto, was received via the call center of the Defendant Company (the Plaintiff underwent the identification process against the telephone counselor of the Defendant Company, and then the Defendant B took part in dialogue with the telephone counselor.
(2) Each insurance of this case was filed by the Plaintiff’s visit or by the FSS agency receipt method between July 5, 2007 and August 12, 2014, as shown in Table 2.