1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 13, 201, the Plaintiff concluded two insurance contracts (hereinafter “each of the instant insurance contracts”) between the Defendant and the Defendant via B and C, the Defendant’s insurance solicitor, and the Plaintiff’s representative director D from December 13, 201 to December 13, 2045, namely, monthly premium of KRW 1,526,000, monthly premium of KRW 1,526,000.

B. On February 2, 2015, the Plaintiff terminated each of the instant insurance contracts. The total insurance premium paid by the Plaintiff is KRW 109,872,000, and the refund money paid upon termination is KRW 81,205,60.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings

2. The Plaintiff’s assertion B, an insurance solicitor of the Defendant, explained that each of the instant insurance contracts to the Plaintiff’s representative director D is a corporate representative’s retirement pension, and that it is a product with free payment of paid premiums, and that it is a product that can process the total amount of paid premiums.

However, the fact was not a free product, but a death insurance rather than a retirement pension insurance, and was a product for which the cost processing is not possible.

Ultimately, B violated the duty to explain to the customer at the time of soliciting the purchase of insurance, or the defendant deceivings the plaintiff through B. Thus, the defendant is obligated to pay the difference of KRW 28,661,952, which deducts KRW 81,205,60 from the cancellation refund paid to the plaintiff as damages for breach of duty to explain or tort liability.

3. The insurance company or the solicitation worker is obligated to provide customers with reasonable judgment on whether to conclude an insurance contract based on information by clearly explaining important matters of the insurance contract, such as payment of premiums, payment of insurance money and refund money for termination, criteria for calculation of such amount, etc. when concluding an insurance contract with or soliciting insurance contracts, and if such obligation is violated, it shall result in such breach.