The claim of this case is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On February 9, 2018, the Plaintiff filed a lawsuit against the Defendant and C seeking the payment of the agreed amount with the Incheon District Court 2017Da3431, and was sentenced to the said court’s judgment that “A shall pay the Plaintiff the amount of KRW 88,387,096, the Defendant shall pay KRW 45,00,000 per annum from October 19, 2017 to February 9, 2018, and the amount of KRW 5% per annum from the next day to the day of full payment, and KRW 15% per annum from the next day to the day of full payment.”

As both appeals and appeals by Defendant and C against the above judgment were dismissed, the above judgment became final and conclusive on January 22, 2019.

B. Upon filing an application for compulsory execution with the Defendant based on the above final judgment, the Defendant deposited KRW 45,000,000 with the Plaintiff as the principal deposit account in order to suspend the above compulsory execution on February 12, 2019, the Incheon District Court Branch of the Incheon District Court deposited KRW 335,000 with the Plaintiff as the principal deposit account, and the Plaintiff paid the said deposit and appropriated it for the repayment of the final judgment.

C. C is currently insolvent with no particular property.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, results of response to an order to submit taxation information on Kimpo-il by this court, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion that KRW 45,00,000 deposited by the Defendant on February 12, 2019 was raised by C as the amount loaned by C to the Defendant around that time, and C did not exercise its claim against the Defendant for loans exceeding KRW 45,00,000.

Therefore, in order to preserve the final and conclusive payment claim against C, the Plaintiff sought a refund of KRW 45,00,000, which is a part of the above loan, from the Defendant by subrogation of insolvent C.

B. The Plaintiff’s holding of claims against C in accordance with the above final judgment, and the fact that C is insolvent is as seen earlier.

However, it is recognized that C lent more than 45,000,000 won to the Defendant on or around February 2019.