1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The gist of the Plaintiff’s assertion is to seek payment of the amount stated in the purport of the claim, which is part of the claim amounting to KRW 8 billion against the Defendant, in subrogation of B, based on the agreed amount claim of KRW 770 million against B corporation (hereinafter “B”).

2. Determination

A. In a case where the obligee’s right against the obligor, which is to be preserved by subrogation, is a monetary claim, when there is a need to preserve the obligee’s right, that is, when there is a need to prevent reduction of the general property due to the obligor’s insolvent, and the existence of such requirements must be asserted and proved by the obligee. In a case where it is deemed necessary to preserve the obligee’s right on behalf of the obligor, the court should dismiss the suit

(see, e.g., Supreme Court Decisions 75Da1086, Jul. 13, 1976; 2010Da39918, Aug. 30, 2012). (b)

As to the instant case, since the Plaintiff filed the instant lawsuit on April 23, 2020, the Plaintiff did not submit not only whether the Plaintiff’s claim against B, the creditor subrogation claim, exists, but also evidence to acknowledge that B is insolvent, and there is no other evidence to acknowledge this.

Therefore, it is reasonable to view that the creditor subrogation lawsuit of this case is not necessary to preserve the preserved claim or its preservation.

3. The plaintiff's lawsuit of this case is unlawful and thus dismissed.