1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.

1. Facts of recognition;

A. The Plaintiff’s Intervenor (1) concluded a transfer contract for the factory facilities, etc. between the Plaintiff’s Intervenor and the Defendant (hereinafter “ Intervenor”) agreed to transfer the factory facilities, etc. to the Defendant at KRW 250 million (hereinafter “transfer contract of this case”). The Defendant transferred 1500 shares of this case (hereinafter “instant shares”) to the Intervenor based on the security of the price.

(2) The Defendant: (a) confirmed that the Intervenor paid KRW 18 million out of the price of KRW 250 million under the instant transfer contract; and (b) prepared and delivered to the Intervenor on October 10, 2013, a letter stating that the Intervenor would later pay the remaining amount (hereinafter “instant letter”); and (c) additionally paid KRW 17 million to the Intervenor after the instant letter was prepared.

(3) On February 17, 2015, the National Tax Service seized KRW 1,500 of the instant shares that the Defendant transferred to the Intervenor as a security for the instant transfer contract price, as the Intervenor did not pay KRW 76,298,000 of global income tax in 2013 and 2014.

B. The Plaintiff loaned money to the Intervenor on September 28, 2012, KRW 32 million to the Intervenor, and KRW 72 million, totaling KRW 40 million on December 11, 2012 of the same year, determined the time limit for repayment as December 11, 2014.

C. At the time of the Intervenor’s insolvency, the Intervenor is in the insolvent state in which there is no particular property.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 5 (including paper numbers; hereinafter the same shall apply), witness D's testimony, the purport of the whole pleadings

2. The assertion and judgment

A. In full view of the purport of the entire arguments and the facts admitted prior to the determination as to the cause of the claim, it can be recognized that the Plaintiff has a claim for loans of the above KRW 72 million, which the Plaintiff became due for the Intervenor, and the Intervenor does not exercise his right against the Defendant in the absence of any financial resources. The Defendant is entitled to subrogation right.