1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 22, 2015, the Plaintiff and C agreed to pay KRW 5 million to the Plaintiff at the monthly cost of living, while they agreed to divorce between each other.

(hereinafter “instant agreement”). After that, the Plaintiff and C divorced on March 9, 2015.

B. Pursuant to the instant agreement, C paid to the Plaintiff KRW 41,00,000 in total from the date on which the agreement was concluded to the end of December 2015, 2015.

C. C has completed the marriage report with the Defendant on March 17, 2017.

C died on October 9, 2017, and there is a defendant, D, and E as his heir.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 2, and 4 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. 1) Plaintiff C did not pay all the money to be paid to the Plaintiff under the instant agreement from January 2016. Rather, Plaintiff C borrowed KRW 15 million from the Plaintiff on May 19, 2016, and KRW 5 million on March 21, 2017, respectively. Therefore, the Defendant, the heir of C, was liable to pay the Plaintiff the amount of money under the instant agreement by using the credit card in the name of the Plaintiff’s name until the death of the Plaintiff, and KRW 5 million from January 1, 2016 to September 2017. As such, the Defendant, the heir of C, was not obliged to pay the said amount of money under the instant agreement to the Plaintiff through a considerable amount of money to KRW 53,571,428 (125,00,000 won x 3/7,000 won x less than KRW 125,000).

B. Therefore, in full view of the following facts or circumstances, C is directly aware of the health unit, Gap evidence Nos. 3, 4, 9, Eul evidence Nos. 1, 2, and 4, and the fact-finding results with respect to F.C. as a result of the National Health Insurance Corporation’s order to submit credit information to F.