Handling of Obligee’s subrogation litigation competing with the Obligor’s exercise of rights

Abstract

The Supreme Court(sentenced on June 25, 2020, 2019Da218684) recently made an important decision on the eligibility to be a party of the litigation for obligee's subrogation right that has been brought after the obligor has exercised his or her rights in court. That is, if the obligor has already brought an action and a judgment has been issued, the obligee is not eligible. This is because the obligee can bring a subrogation action only if the obligor has not exercised the right. This is the same conclusion as the previous judgments. This thesis was intended to study the non-exercise of the obligor's rights, one of the requirements for subrogation of obligee, with the above judgment as an opportunity. To this end, I first identified the legal nature of the subrogation of obligee. Next, the flow of Korean precedents on the handling of litigation by obligee by type of obligor's exercise of rights was examined. If the obligor has brought a lawsuit, it cannot be denied that the obligor has exercised the right. Because filing a lawsuit is the most powerful way to exercise his or her rights.