1. The lawsuit of this case shall be dismissed.

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

1. The Plaintiff’s assertion has a loan claim of KRW 643,968,940 against C, and C has a loan claim of KRW 200 million against the Defendant. Since C is insolvent, the Plaintiff seeks payment of KRW 200 million against the Defendant by subrogation of C.

2. In cases where the obligee’s right to the obligor, which is to be preserved by subrogation, is a monetary claim in subrogation of the obligor, the need to preserve the obligee’s right to the third obligor on behalf of the obligor, namely, when the obligor is insolvent, the obligee may exercise the obligee’s right to the third obligor on behalf of the obligor, and the obligor’s insolvency as a requirement for subrogation of the obligee does not have the obligor’s ability to perform (see, e.g., Supreme Court Decision 2008Da76556, Feb. 26, 2009). The burden of proof is borne by the obligee

Furthermore, if such preservation is not deemed necessary, the lawsuit is unlawful (see, e.g., Supreme Court Decision 2010Da39918, Aug. 30, 2012). However, according to the respective statements in B-1 through 7, C may recognize the fact that it holds a claim equivalent to “16,204,738,820 won against the Plaintiff and damages for delay thereof,” and the fact that it owns some of the real estate additionally, and the evidence submitted by the Plaintiff alone cannot be acknowledged as insolvent.

3. As such, the instant lawsuit is dismissed as it is unlawful.