1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. B filed a claim for reimbursement with the Jeonju District Court 2015 Gohap10587 against DS Development (hereinafter “DS Development”) on September 24, 2015, with the judgment that “DS Development shall pay B 709,784,274 won per annum from August 18, 2015 to September 24, 2015, and 20% per annum from the next day to the day of full payment,” and the said judgment became final and conclusive on November 3, 2015.

B. Accordingly, B had a claim equivalent to the above judgment amount against DS development.

(hereinafter referred to as “instant judgment claim”). [Grounds for recognition] The fact that there is no dispute, entry of evidence No. 1-1, the purport of the whole pleadings.

2. The Plaintiff’s assertion B transferred the instant judgment amount to the Plaintiff on February 4, 2016, and completed the notification of the assignment of claim for DS development on February 29, 2016. Therefore, the Plaintiff is a legitimate transferee of the instant judgment amount.

In order to preserve the claim for the judgment of this case, the Plaintiff’s exercised DS Development, which is insolvent, and the amount equivalent to KRW 164,970,00 for the claim for return of unjust enrichment against the Defendant and the damages for delay.

3. Determination

A. Whether there exists a creditor’s right to the debtor to be preserved by subrogation in a creditor subrogation lawsuit is an ex officio investigation of the court as a litigation requirement. As such, the court does not have a duty to detect the facts and evidence, which are basic data of the judgment, ex officio.

If any circumstance to suspect the existence of the preserved claim is discovered through the examination of all litigation materials presented to the court, the court has the obligation to confirm the existence of the preserved claim ex officio through additional hearings and investigations.

(Supreme Court Decision 2009Da3234 Decided April 23, 2009). B.

The above evidence, Gap evidence 14 to 16, and Eul evidence 1 to 4.