1. The plaintiff's appeal is dismissed.

2. The plaintiff's action of subrogation by obligee added by this court shall be dismissed.

3.

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the ground of the judgment of the court of first instance, except where the judgment on the creditor subrogation claim is added as set forth in the following paragraph (2).

2. As to the creditor subrogation claim

A. G, the executor of the instant construction contract, as the Plaintiff’s assertion, has a claim to the Defendant stating the purport of the claim, which is the sum of rebuilding charges, loans, and expenses, in accordance with the instant construction contract, and the Plaintiff has a claim to G for the construction cost. G is insolvent and is not exercising the said claim against the Defendant.

Therefore, since the plaintiff needs to preserve the plaintiff's claim, the plaintiff seeks payment of the claim amount to the defendant by subrogation of G.

B. (1) In a creditor lawsuit, where the right of the creditor to be preserved by subrogation is not recognized, the creditor himself/herself becomes the plaintiff and has no standing to exercise the debtor's right to the third debtor. Thus, the subrogation lawsuit is unlawful and dismissed.

(See Supreme Court Decision 2013Da53205 Decided September 4, 2014 (see, e.g., Supreme Court Decision 2013Da53205, Sept. 4, 2014). (2) It is difficult to recognize that the Plaintiff had a claim for the payment of the construction cost against G solely based on the written evidence Nos. 1, 13, and 15, and there is no other evidence to acknowledge otherwise.

(1) The Plaintiff’s subrogation claim is unlawful on the ground that the Plaintiff’s right to preserve is not recognized. Therefore, the Plaintiff’s subrogation claim is unlawful on the ground that there is no standing to be a party.

3. In conclusion, the judgment of the first instance is legitimate.