1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On December 5, 2017, the Plaintiff lent KRW 100,000,00 to C.

B. On October 4, 2018, the Defendant agreed to substitute KRW 100,000,000 from the previous C as the deposit for lease of the building, while leasing real estate indicated in the indication of the attached real estate to C.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. 1) The Plaintiff’s assertion 1) exercised the right to claim the return of lease deposit against the Defendant in subrogation of insolvent C in order to preserve the loan claim against C. Therefore, the Defendant is obliged to pay the Plaintiff the deposit amount of KRW 100,000,000 as well as the delayed payment from the day after delivery of the said real estate. 2) In order to exercise the right to claim the subrogation of the Defendant’s obligee, C, the obligor, should be insolvent. The Plaintiff failed to prove this.

B. In the event that the judgment obligee’s right against the obligor is a monetary claim by subrogation when the obligor is subrogated, the obligee may exercise the obligor’s right against the third obligor on behalf of the obligor only when the obligor is insolvent.

In this case, the debtor's insolvency, which is a requirement for subrogation, means that the debtor does not have a financial capacity.

(see, e.g., Supreme Court Decision 2008Da76556, Feb. 26, 2009). Whether it is necessary for a creditor to preserve his/her claim as an exercise of creditor’s subrogation right should be determined at the time of the closing of argument.

(See Supreme Court Decision 75Da1086 delivered on July 13, 1976, etc.). Comprehensively taking account of the purport of the entire pleadings in each entry in the evidence Nos. 5 through 9, C owns 25,593§³ of Gangwon-do, E. 98 square meters of land, E. 98 square meters of land, 566 square meters of land, G 566 square meters of land, G 566 square meters of land, and 331/2480 of land of 2480 square meters of land in Ansan-gu, Ansan-si.