1. The creditor subrogation claim part of the judgment of the court of first instance is revoked, and the plaintiff's lawsuit corresponding to the revoked part is revoked.

1. The scope of this court's trial at the first instance court, ① to claim the return of the deposit for sub-lease following the cancellation of the sub-lease contract, ② to claim the return of unjust enrichment if the sub-lease contract is not concluded, ③ to claim the creditor's subrogation claim against C (the representative D; hereinafter "C") by making the creditor's damage claim against C as the right to be preserved, and all of the above claims were dismissed. The plaintiff appealed only to the creditor subrogation claim, and the scope of the judgment at this court is limited to the creditor subrogation claim.

2. The plaintiff's judgment as to the creditor subrogation claim is the right to the creditor subrogation claim, and C (D) did not have the right to the sub-lease of this case, but did not have the right to the sub-lease contract with the defendant as the lessee, thereby causing losses to the plaintiff by deceiving the plaintiff and paying 30,00,000 won under the name of sub-lease deposit. Thus, the plaintiff asserted that C had the damage claim against the plaintiff. Thus, it is insufficient to recognize that there was the plaintiff's deception against the plaintiff, and there is no other evidence to acknowledge it. Thus, the plaintiff's above assertion is without merit.

In addition, in case where the right of a creditor to be preserved by subrogation is not recognized in a creditor subrogation lawsuit, the creditor becomes the plaintiff himself and becomes the plaintiff to exercise the right to the third debtor, so the subrogation lawsuit shall be dismissed in an unlawful manner. In this case, if the first instance court rejected a claim without dismissing a creditor subrogation lawsuit, the judgment of the first instance court shall be revoked and the lawsuit shall be dismissed, and the case shall not be remanded to the first instance court.

Supreme Court Decision 201Da1448 delivered on August 27, 1991