The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1.(a)

Where a creditor acts in subrogation of a debtor's monetary claim in order to preserve his/her own monetary claim, he/she may request a third-party debtor to perform the payment obligation, but he/she may request the directly subrogated creditor to perform the payment obligation.

(See Supreme Court Decision 2004Da70024 Decided April 15, 2005 (see, e.g., Supreme Court Decision 2004Da70024, Apr. 15, 2005). However, even if a judgment ordering a third-party obligor to pay money in a creditor subrogation lawsuit becomes final and conclusive, the right which is the object of subrogation, namely, the right of subrogation, the obligor’s subrogation claim against the third-party obligor exists as an executory claim, and the subrogation obligee is merely to receive the repayment of the subrogated claim on behalf of the obligor, and does not cause the obligor to receive the repayment of the subrogated claim (see, e.g., Supreme Court Decision 2013Da30301, Jul. 23, 2015). If the subrogated claim

However, if a creditor subrogation lawsuit is instituted and the subrogated creditor notifies or becomes aware of the fact of exercising the right of subrogation to the debtor pursuant to Article 405(2) of the Civil Act, it cannot be a disposition interfering with the creditor's exercise of the right of subrogation by transferring or abandoning the subrogated claim pursuant to Article 405(2) of the Civil Act, and such effect also extends to the third debtor. Nevertheless, if it is possible for other creditors who have equal status with the subrogated creditor to receive an order in whole regarding the subrogated claim, it is only one of the methods of the creditor's legitimate exercise of the right of subrogation lawsuit and the collection of the claim belonging to the debtor.