1. The instant lawsuit shall be dismissed.

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

1. Determination as to the legitimacy of the instant lawsuit

A. The summary of the instant lawsuit was to the Defendant; C lent foreign currency equivalent to KRW 9,969,835 on September 30, 2013; D lent foreign currency equivalent to KRW 9,961,472 on September 30, 2013; E lent foreign currency equivalent to KRW 14,273,371 on August 16, 2013 and October 30, 2013.

However, the Defendant did not return the above money to C, D, and E, and the Plaintiff, upon delegation by C, D, and E, demanded the return of the above money from the Defendant to the sum of 34,204,678 won (=9,969,835 won) (=9,969,835 won),9,961,472 won, KRW 14,273,371).

A written amendment submitted by the Plaintiff to comply with the order of preparation for clarification dated July 3, 2019 by this Court is clearly revealed to the effect that the Plaintiff, not the Plaintiff’s exercise of his/her claim, is filing the instant lawsuit with delegation or trust from C, D, and E.

B. On its own initiative, we examine the legitimacy of the instant lawsuit.

In a lawsuit on a property right, a voluntary lawsuit trust is not permitted in principle, in which the subject of the right to manage and dispose of the rights or legal relations, which are the subject of the lawsuit, delegates the relevant lawsuit to a third party. However, it is not unlawful to avoid the principle of attorney-at-law representation provided by Article 87 of the Civil Procedure Act or the prohibition of the trust of lawsuit provided by Article 6 of the Trust Act, but can be allowed in exceptional and limited cases where reasonable grounds for recognition

(See Supreme Court Decision 2014Da87885, 87892 Decided December 15, 2016). However, in this case, there are no reasonable grounds and need to allow the Plaintiff to file the instant lawsuit in his/her name, rather than the above obligees’ names. Therefore, the Plaintiff cannot be deemed to have the standing to file the instant lawsuit.

Therefore, the instant lawsuit is unlawful.

2. It is so decided as per Disposition by the assent of all participating Justices, since the lawsuit of this case is unlawful.