1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff is an oriental medical doctor operating “Daehan” in Changwon-si, Changwon-si, and the Defendant was in de facto marital relationship with the Plaintiff from around 2009 to 2015.

B. From March 30, 2009 to June 22, 2015, the Plaintiff transferred money to the Defendant’s account several times through the Defendant’s account from himself/herself and his/her branch. The amount reached KRW 2,842,568,00 in total.

C. On November 27, 2015, the Plaintiff filed a lawsuit against the Defendant claiming that the Defendant deposited KRW 3,392,168,000, including the money remitted to the Defendant under the Changwon District Court Decision 2015Gahap101214 (hereinafter “prior lawsuit”) and then withdrawn it on December 8, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 8, Eul evidence Nos. 5, 6, 7, 13, and 23 (including each number), the purport of the whole pleadings

2. Determination on this safety defense

A. As to the lawsuit of this case against the defendant for which the plaintiff sought the return of KRW 500 million out of KRW 3,587,178,000 against the defendant, the defendant filed a prior lawsuit against the defendant with the same contents as the lawsuit of this case, but withdraws the lawsuit after which the plaintiff made an agreement with the defendant. The lawsuit of this case is in violation of the above agreement on the lawsuit of this case, and is in violation of the above agreement on the lawsuit of this case, and is therefore unlawful.

B. Determination 1) In a case where an agreement not to file a lawsuit is reached with respect to a specific right or legal relationship even if there exists a dispute, there is no benefit in the protection of rights (see, e.g., Supreme Court Decision 92Da21760, May 14, 1993): Provided, That the agreement on the lawsuit, which is one of the passive litigation requirements, is permissible when it is limited to a specific legal relationship as it is within the scope of the right to be disposed by the parties to the agreement, and is valid when it can be anticipated at the time of the agreement (see, e.g., Supreme Court Decision 98Da63988, Mar. 26, 1999).