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1.The judgment of the first instance shall be modified as follows:
“The Plaintiff, Inc., and the Esck Investment Company.
Reasons
1. The reasoning for this part of the judgment of the court is as stated in the corresponding part of the judgment of the court of first instance (Paragraph 1). Therefore, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination as to the part of the claim by the plaintiff on subrogation of the company, the company, and the company, etc.
A. The Plaintiff asserted that the Plaintiff lent money to A.I.D. and A.I.D. Investment (hereinafter “A.I.D. Investment”), and A.I.D. used A.I.D. for the payment of the instant purchase price.
However, upon the cancellation of the instant contract for the purchase and sale of shares, ABL acquired a claim for return of unjust enrichment or a claim for damages against the Defendants, as seen later.
Therefore, the Plaintiff is entitled to exercise on behalf of the Defendants of Abec Investment the right to the loan of Abec Investment as the preserved right, and thus, the Plaintiff is entitled to exercise on behalf of the Defendants of Abec Investment the right to return unjust enrichment or the right to compensate for damages.
B. In cases where a creditor’s right to a debtor to be preserved by subrogation of judgment is a monetary claim, the creditor may exercise his/her right to a third debtor on behalf of the debtor on behalf of the debtor only when the debtor is insolvent (see Supreme Court Decision 2008Da76556, Feb. 26, 2009). In cases where such preservation is not deemed necessary, a lawsuit is unlawful.
(see, e.g., Supreme Court Decision 2010Da39918, Aug. 30, 2012). In the instant case, as long as evidence submitted by the parties alone is insufficient to recognize the existence of a state of insolvency, and there is no other evidence to acknowledge the existence of a state of insolvency, this part of the lawsuit is unlawful without further examining the remainder.
Even if the plaintiff can exercise in subrogation the right of the above company in the state of insolvency, it is followed by the following.