The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance.

1. Basic facts

A. The plaintiff is the father of the defendant.

B. On March 22, 2007, the Plaintiff entered into an insurance contract with C Co., Ltd. with the name of the insurance product, “D”, policyholder and beneficiary of maturity, disability and death, the insured, the Defendant, and the payment period of KRW 20 years, and KRW 53,600 of the monthly paid-in premium (hereinafter “instant insurance contract”), and paid KRW 53,600 of the monthly paid-in premium from March 22, 2007 to July 20, 2015.

C. On April 2018, the policyholder and beneficiary of the instant insurance contract were changed from the Plaintiff to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 5, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the instant insurance contract was concluded in order to use it for the old living cost at maturity.

However, by the defendant's coercion, the policyholder and beneficiary of the insurance contract of this case were changed to the defendant in the plaintiff. Accordingly, the defendant has a duty to pay the plaintiff 5,360,000 won and damages for delay since the defendant unjust enrichment of the amount equivalent to 5,360,000 won paid by the plaintiff.

B. In light of the judgment, the evidence alone submitted by the Plaintiff was forced by the Defendant to change the policyholder of the insurance contract of this case and the beneficiary of maturity and disability.

It is insufficient to recognize the fact that the defendant obtained a benefit equivalent to the insurance premium paid by the plaintiff without any legal ground, and there is no other evidence to prove it otherwise.

Therefore, the plaintiff's assertion is without merit.

3. Conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit.

The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.