The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Plaintiff

The summary of the claim is that the plaintiff has a claim for division of property of KRW 200 million while divorced with C, and C has a claim for loans, etc. equivalent to KRW 72 million against the defendant, and C has no ability to repay due to bad credit standing.

Accordingly, the plaintiff, as a monetary claim against C, seeks the payment of the debt, such as the loan, to the defendant in subrogation of C.

2. Determination

A. In principle, since the existence of a preserved claim cannot be exercised before the due date, the obligee is entitled to exercise the obligee’s subrogation right after the due date (Article 404(2) of the Civil Act). However, in cases where the court’s permission is obtained (main sentence of Article 404(2) of the Civil Act) or the obligee performs preservation activities to prevent the decrease of the obligor’s property (Article 404(2) proviso of the Civil Act), the obligee may exercise the obligee’s subrogation right even before the due date arrives.

Here, preservation act refers to a claim for performance, seizure, application for provisional seizure or provisional disposition, lawsuit prior to the limitation period, application for preservation registration of unregistered real estate, claim for cancellation registration in order to prevent the occurrence of a bona fide third party, report of bankruptcy claim of a third party debtor, etc. for the purpose of suspending the expiration of extinctive prescription.

According to the evidence evidence evidence Nos. 1 and 2, it can be acknowledged that the Plaintiff and C agree to pay KRW 200 million to the Plaintiff on December 21, 2017, and that the Plaintiff shall pay KRW 3 million each month from November 2018. Accordingly, the Plaintiff has a monetary payment claim against C according to the above agreement, and among which, the Plaintiff’s claim for payment falls under the part for which the due date has arrived at as of the date of closing the argument in this case (=3 million won x 14 months x 14 months) is the preserved claim of the obligee’s subrogation right of this case.

However, with respect to the plaintiff's exercise of subrogation right on the other hand, the remainder of time is not due.