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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C (hereinafter “Nonindicted Company”) was established by promoters D and E on April 17, 2013. On July 29, 2013, the Plaintiff was appointed as an auditor of the Nonparty Company and maintained his/her current position. The Defendant was in office as a co-representative of the Nonparty Company from January 20, 2015 to February 27, 2017.
B. On December 8, 2014, the Plaintiff received from a non-party company a notarial deed (hereinafter “notarial deed of this case”) issued by a notary public as stipulated in No. 2578, which was issued by the No. 2578, with respect to each promissory note with a face value of KRW 1,350,000,000 for face value, issuer, non-party company, and date of payment.
C. According to the tax settlement statement in the year 2016 of the non-party company’s 2016, the non-party company has a loan claim of KRW 1,397,38,000 against the defendant as of December 31, 2016, and is currently insolvent, such as subsequent default of corporate tax.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, and Eul evidence 1 and 2
2. The plaintiff's assertion has a claim of KRW 640,370,00,00, which is the unredeemed amount of the notarial deed of this case against the non-party company. The defendant bears the debt of KRW 1,397,38,000 against the non-party company. Thus, the defendant is liable to pay KRW 640,370,000 on behalf of the non-party company, who is insolvent, and delay damages therefor.
3. Determination on the legitimacy of the instant lawsuit
A. In a creditor subrogation lawsuit, where the right of a creditor to be preserved by subrogation is not acknowledged in a creditor subrogation lawsuit, the creditor himself/herself becomes the plaintiff and has no standing to exercise the debtor's right to the third debtor, and thus the subrogation lawsuit is unlawful and dismissed.
(See Supreme Court Decision 2005Da27188 Decided September 29, 2005). B.
The existence or absence of the preserved claim, and the whole purport of the pleading is as follows: Eul evidence 20, 32, and 33.