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

The Plaintiff shall exercise the loan claim against C in subrogation of the loan claim against C with the secured credit.

Therefore, the defendant is obligated to pay to the plaintiff KRW 50,000,000 and damages for delay.

2. Determination on the defense prior to the merits

A. The gist of the defense prior to the merits is that the obligee’s subrogation lawsuit is a litigation requirement, such as the existence of the preserved claim, the need for preservation, and the obligor’s non-exercise of the right. ① The Plaintiff did not lend KRW 70 million to C, so there is no preserved claim, ② there is no need for preservation as C is insolvent, ② there is no need for preservation, and ③ there is no non-exercise of the right, such as receiving part of the loans from the Defendant.

Therefore, the instant lawsuit is unlawful.

B. In full view of all the following facts acknowledged as to whether the preserved claim was recognized, the Plaintiff lent KRW 70 million to the Defendant, by taking account of the following facts, as a whole, comprehensively taking into account whether the written evidence Nos. 2 through 4, and 8, and the purport of the entire

Therefore, the defendant's defense prior to the merits cannot be accepted.

① On January 4, 2019, the Plaintiff borrowed KRW 50 million from D, and transferred the said money to E’s account in the name of the wife C on the same day. On January 22, 2019, the Plaintiff wired KRW 18.5 million to the said account.

② In a telephone conversation with the Plaintiff, E made a conversation on the premise that the Plaintiff had money to be paid from C to the effect that “the Defendant would receive money directly by contact.”

C. In a case where the obligee’s right to the obligor, which is to be preserved by subrogation, is a monetary claim against the obligor when the obligor’s insolvency and the need for the preservation is recognized, the obligor is insolvent.