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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.
Reasons
Basic Facts
The court's explanation on this part is the same as the corresponding part of the reasoning of the judgment of the court of first instance. Thus, it is accepted by the main text of Article 420 of the Civil Procedure Act.
Plaintiff’s assertion
At the time of entering into the instant insurance contract, the Defendant agreed to pay half of the allowances to the Plaintiff, because the Plaintiff would not receive the allowances, upon arranging the Plaintiff to buy the instant insurance contract, both KRW 50,000,00, which is an allowance, to E and F. In this case, the Plaintiff would not receive the allowances.
However, the allowances actually paid in relation to the instant insurance amounting to KRW 95,111,250 in total, and the Plaintiff and the Defendant agreed to pay the remainder of the allowances, excluding the above KRW 50,000,000, out of KRW 95,111,250 in total, should be deemed to have agreed to pay the Plaintiff.
The Plaintiff received a total of KRW 56,92,00 in relation to the instant insurance. As such, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 15,563,625, excluding KRW 6,92,00,000, which is the half of KRW 45,111,250, excluding KRW 50,000,000, out of KRW 95,111,250, and KRW 22,55,625, excluding the remainder of KRW 6,92,00 that the Plaintiff exceeded, and delay damages therefrom.
At the time of entering into the instant insurance contract, the Defendant said that the Plaintiff’s allowance was KRW 50,00,000, and thus, the above KRW 15,563,625 was unjust enrichment that the Defendant did not pay to the Plaintiff, or even if not, it constitutes losses incurred by the Defendant by deceiving the Plaintiff, and thus, the Defendant is obliged to pay the Plaintiff the said money with unjust enrichment or tort damages.
Judgment
In light of the following circumstances, the Defendant’s instant evidence Nos. 2-1 through 11, 3, 4, and 19 through 16, 19 through 21, 24 through 26, 29, 31, and 32, and the overall purport of the pleadings as a result of the fact inquiry into G in the first instance and the first instance court, in light of the following circumstances.