All of the plaintiff's claims are dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

A. The Plaintiff and the Defendant married but divorced around October 2016.

B. On December 18, 2015, the Plaintiff entered into the instant insurance contract (hereinafter “instant insurance contract”) with CD (hereinafter “instant insurance contract”) with the Plaintiff, the payment period for the insured, five years, and the insurance premium amounting to KRW 2,000,000 per month.

(c)

Since May 30, 2018, the Plaintiff delayed the payment of insurance premiums under the insurance contract of this case, the above insurance contract was terminated even in the middle of the contract, and 54,259,276 won was generated as the refund of termination.

[Ground for recognition] Unsatisfy, Gap evidence No. 2, Gap evidence No. 3, the purport of the whole pleadings

2. The assertion and judgment

A. Plaintiff’s assertion 1) At the time of divorce with the Plaintiff, the Defendant continuously agreed to pay the insurance premium under the instant insurance contract on behalf of the Plaintiff even after the divorce, but did not perform the obligation to pay the insurance premium in violation of the said agreement.

2) As the Plaintiff had terminated the instant insurance contract even due to the Defendant’s nonperformance of the above obligations, the Plaintiff suffered considerable damages equivalent to KRW 65,740,724, excluding the termination refund (i.e., KRW 120,000,000 - KRW 54,259,276).

3) Therefore, the Defendant is liable to pay damages to the Plaintiff KRW 65,740,724 and damages for delay.

B. The fact that constitutes the requirement that generates the right to judgment bears the burden of proof to the claimant, unless there are special circumstances.

Therefore, when the Defendant contests the Plaintiff’s assertion that a part of another person’s debt was agreed to be paid by the Defendant, the burden of proof as to the agreed fact is asserted against the Plaintiff (see, e.g., Supreme Court Decision 2019Da16000, Dec. 27, 2019). As to the instant case, the health team and the Defendant for about 19 months until May 2018, even after the Defendant divorced with the Plaintiff on October 2016.