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1. Revocation of the first instance judgment.
2. The defendant's Daegu District Court 2016 tea 3379 claim against the defendant C.
Reasons
1. The reasoning of the judgment on this part of the basic facts is the same as that of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the
2. A person who is entitled to file a lawsuit of demurrer against a claim subject to preservation claim and a claim for need for preservation may, on behalf of the debtor indicated on his title, succeed to his obligation and other causes, take executory power on behalf of the debtor, but such person's creditor may file a lawsuit of objection based on his subrogation
(1) According to the above facts, the Plaintiff is a creditor who has a loan claim equivalent to KRW 150,000,000,000 to C, and the above claim is already due and due. Since the fact that C is insolvent as of the date of the closing of argument in this case does not conflict between the parties, the existence of the preserved claim and the need to preserve it in the creditor subrogation lawsuit filed by the Plaintiff on behalf of C is recognized.
c. Existence of grounds for objection
A. 1) The parties’ assertion 1) The Defendant’s Guarantee Claim against the Plaintiff Defendant C (hereinafter “Guarantee Claim”).
(2) On September 17, 2014, the Defendant loaned KRW 140 million to G Co., Ltd. (hereinafter “G”) on the loan of KRW 140 million from the J Union in order to preserve the relevant claim as a creditor against C, and as a creditor against C, the Plaintiff did not have the right to claim for the loan of G, while G and C had the right to claim for the loan of KRW 140 million.
B. In a lawsuit of demurrering the relevant legal doctrine 1, the burden of proof as to the grounds for objection ought to be in accordance with the principle of allocation of burden of proof in general civil procedure.
Therefore, if the plaintiff asserts that the claim has not been established in the lawsuit of demurrer, the defendant shall be the defendant.