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1. The plaintiff (appointed)'s claim is dismissed, respectively.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the whole or partial entries and arguments of evidence A, Nos. 9, 31, 1 and 19:
Around 195, the Plaintiff (hereinafter referred to as “Plaintiff, etc.”) who is the couple of the winning fund distribution agreement and the designated parties (hereinafter referred to as “Plaintiff, etc.”) and the Defendant D, around 1995, entered into a lawsuit against the Plaintiff, etc., Defendant B, and Defendant B, Inc. (hereinafter referred to as “F”), and agreed to receive the winning fund from Defendant B to receive the distribution of the winning fund if they want to file the lawsuit regarding the claim, such as transfer of ownership equivalent to approximately KRW 1.9 billion, and to proceed with the lawsuit.
(hereinafter referred to as the “Agreement on Distribution of Prize Money”). (b)
Defendant B filed a lawsuit against F, etc. with the Plaintiff’s help and filed a lawsuit claiming for ownership transfer registration, etc. (hereinafter “instant lawsuit”). However, the judgment against October 10, 1997 was rendered against Defendant B, and the Daegu High Court appealed as 97Na8275, but the dismissal of the appeal was rendered on July 22, 1997. The appeal was dismissed on October 14, 1999, while the appeal was filed by Supreme Court Decision 99Da51555, Oct. 14, 1999.
Thus, Defendant B filed a lawsuit for retrial against the above judgment of the first instance court under Daegu High Court 99Na75, but was ordered to dismiss the complaint on July 4, 200, and the petition for retrial against the above judgment of the second instance, which was filed by Daegu High Court 2004Na48, was dismissed or dismissed on October 5, 2005.
C. The Plaintiff filed a claim for reimbursement against Defendant B and C by Busan District Court Decision 2007Gadan28020 against Defendant C, which is its children, and the Plaintiff et al. subrogated the Plaintiff et al. to the Defendant B’s debt of KRW 25,00,000 borrowed money and KRW 1,610,000 borrowed money against H, respectively, and the Defendant B and C paid the Plaintiff et al. for the aforementioned debt.