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The judgment below is reversed, and the case is remanded to the Seoul Central District Court.
Reasons
The grounds of appeal are examined.
1. The lower court determined that, while recognizing the Defendant’s payment obligation following the establishment of the Plaintiff’s claim for return of unjust enrichment against the Defendant, the Plaintiff’s assertion of the cause of the claim, the Defendant’s defense of set-off, namely, the obligee subrogation lawsuit filed by the Defendant on behalf of the Plaintiff on behalf of the Plaintiff, that was, “the Plaintiff would pay the Plaintiff KRW 1.43 billion to the Defendant and its delayed payment damages,” and thus, the Plaintiff’s claim for return of unjust enrichment by offsetting the Plaintiff’s claim for the final judgment amount as an automatic claim, was affirmed, and the Plaintiff’s claim for return of unjust enrichment
2. Judgment of the Supreme Court
A. (1) In a case where both parties have borne an obligation for the same kind of purpose, the set-off is simultaneously extinguished by either party’s declaration of intent instead of performing the same kind of benefit, and the purport of such set-off system is to facilitate and fairly dispose of claims and obligations between the two parties conflicting each other in a simplified manner. Thus, barring any special circumstance, such as the provision of law, claims entitled to automatically become a claim against the other party shall be the claims against the other party, and the claims against the other party shall not be set-off by a third party.
(2) Where a creditor acts in subrogation of a debtor’s monetary claim in order to preserve his/her own monetary claim, he/she may demand a third party debtor to perform the obligation to pay to the debtor, but he/she may directly demand the subrogation creditor to perform the obligation to pay to the debtor.
However, even if the judgment ordering the third obligor to pay money directly to the subrogated obligee in the creditor subrogation lawsuit becomes final and conclusive, the right which is the object of subrogation, namely, the obligor.