1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. The plaintiffs asserted that the defendant subcontracted construction works of reinforced concrete construction (hereinafter "the instant construction works") among the construction works of 577 women's school buildings and auxiliary facilities in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul Special Metropolitan City, which was ordered by the Gyeonggi-do Office of Education (hereinafter "Road construction") to the road construction company (hereinafter "road construction").

The plaintiffs have a claim equivalent to the amount stated in their claim against the road construction in relation to the instant construction project, and the road construction has a claim against the defendant for the above subcontract construction cost. Thus, the plaintiffs seek payment of each claim against the defendant in subrogation of the road construction.

2. The defendant cannot acknowledge the existence of the above claim against the plaintiffs' road construction. Thus, the plaintiffs' lawsuit of this case is unlawful because it failed to satisfy the requirements for creditor subrogation lawsuit.

However, in a creditor subrogation lawsuit, where the right of the creditor to be preserved by subrogation is not acknowledged, the creditor himself/herself becomes the plaintiff and the creditor has no standing to exercise the debtor's right to the third debtor. Thus, the subrogation lawsuit is unlawful and dismissed (see Supreme Court Decision 2005Da27188, Sept. 29, 2005), and it is not sufficient to recognize the existence of a claim equivalent to the amount stated in the purport of the claim against the road construction claim of the plaintiffs. Unless there is any obvious evidence to acknowledge otherwise, the lawsuit in this case where the creditor exercises the right to the above claim against the defendant for the road construction to preserve the above claim against the defendant for the road construction is not recognized as the right of the plaintiffs against the road construction to be preserved by subrogation.