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

A. The Plaintiff is a creditor of C Co., Ltd. (hereinafter “C”), and the Defendant sells C the land of 886 square meters prior to Kimcheon-si and E-mail 1,150 square meters (hereinafter “instant land”).

B. 1) The Defendant sold the instant land owned to C on March 9, 2009 at KRW 369,600,000 (hereinafter “instant sales contract”) to C on March 9, 2009.

(2) Upon entering into the contract, C transferred the down payment of KRW 36,960,00,000 for intermediate payment of KRW 163,040,00 for intermediate payment of KRW 169,60,000, and the balance of KRW 169,60,000 for intermediate payment of KRW 36,960,000 for intermediate payment of KRW 36,960,000 for intermediate payment of the instant land and KRW 163,040,00 for intermediate payment of KRW 163,00 for the Defendant’s Daegu Bank AccountF on March 10, 2009, but C did not obtain the subsequent business approval, and did not pay any balance of the instant land to the Defendant by December 31, 2009.

C. On August 5, 2015, the Plaintiff’s claim against C was set and lent KRW 295,648,983 to C on November 10, 2016, which due date for repayment of KRW 295,648,983, and at 25% per annum. On November 2, 2016, the Plaintiff drafted a notarial deed of a debt repayment contract with the Plaintiff as the obligee and the obligor, with the Plaintiff as the obligee and the obligor.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion has the right to claim a loan against C, and C does not exercise the right to claim a return of KRW 163,040,000 paid as an intermediate payment against the Defendant upon the reversal of the instant sales contract with the Defendant. As such, the Plaintiff is entitled to claim a return of KRW 163,040,000 from the intermediate payment by subrogation of C. Thus, the Plaintiff is entitled to claim a return

(b) Where the judgment obligee’s right to the obligor to be preserved by subrogation is a monetary claim when the obligor’s subrogation is the obligor’s right.