전부금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion that: (a) the Plaintiff acquired from C a claim for reimbursement of KRW 26,00,000 for D and damages for delay at the rate of KRW 20% per annum from June 1, 201 to the date of full payment (hereinafter “instant preserved claim”); and (b) D had a claim for reimbursement of KRW 33,805,00 for the Defendant’s payment by subrogation of KRW 33,805,00 for E (hereinafter “instant subrogated claim”).
However, since the present D is insolvent, the plaintiff exercises the subrogation claim against the defendant in this case in order to preserve the plaintiff's preserved claim against D, and the defendant is liable to pay the above KRW 33,805,00 and delay damages to the plaintiff.
2. Determination as to the defendant's defense prior to the merits
A. As to the Plaintiff’s claim in this case regarding the defense that there is no preserved claim of this case, the Defendant raised a defense to the effect that the Plaintiff cannot be acknowledged as holding the preserved claim of this case against D, and thus, if the purport of the entire pleadings is added to the statement in the evidence Nos. 1 through 3, 6, and 7 (including serial numbers), between C and D on January 20, 2011, “D shall be paid KRW 26,00,000,000 to C until May 31, 201, and it shall be paid at a rate of 20% per annum from June 1, 201 to the day of complete payment, and thereafter, the Plaintiff may be acknowledged as having acquired the claim of this case from Changwon District Court by the above 201Da35841).
Therefore, since the existence of the plaintiff's preservation right against D is recognized, the defendant's defense is without merit.
On the other hand, each fact-finding inquiry inquiry letter about the Changwon-si of this court, Sungsan-gu, National Health Insurance Corporation Changwon-won, Ministry of Land, Infrastructure and Transport, and Changwon-won.