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1. The plaintiff's lawsuit against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff asserted that D had KRW 69,869,310 of the price claim for goods arising from the transaction of goods, such as the combination and marking processing, with respect to D, but D died on July 21, 2013.
However, at the time, the network D (hereinafter “the network”) did not have any particular property, and only had claims against the Defendants, such as the description of the claim.
Therefore, the Plaintiff, as a creditor of the deceased’s co-inheritors, seek payment of money, such as the written claim, from the Defendants on behalf of the co-inheritors.
2. As to the plaintiff's lawsuit of this case against the defendant B, since the defendant B did not satisfy the requirements of the creditor's subrogation right, I would like to examine whether the plaintiff's lawsuit of this case against the defendants is legitimate or not.
In a case where a creditor’s right to a debtor, which is to be preserved by subrogation, is a monetary claim, the creditor may exercise the creditor’s right to a third debtor by subrogation of the debtor only when the debtor is insolvent (see Supreme Court Decision 2008Da76556, Feb. 26, 2009). There is no evidence to acknowledge that co-inheritors of the deceased are currently insolvent.
Therefore, the Plaintiff’s lawsuit against the Defendants did not have the need to preserve the lawsuit.
3. Therefore, the Plaintiff’s lawsuit against the Defendants is unlawful, and it is so decided as per Disposition by the assent of all participating Justices on the bench.