채권자대위소송에서의 피대위채권의 기판력

An obligee may, in order to preserve his claim, exercise the rights belonging to the obligor(Civil Law Article 404). There are two rights in the Obligee s Right of Subrogation to Obligor. One is the Obligee s right which is called the Right belonging to the obligor. The other is the obligor s rights to the third obligor, which is called the counterparty. This article introduces the Supreme Court cases regarding res judicata of the Right belonging to the obligor. The analysis of these cases presented theoretical contradiction between the Supreme Court cases when the lawsuit is subsequently filed against the same rights. The main contents of this article is as follows. (ⅰ) In the first Action, the obligee sued the third obligor for the right belonging to the obligor. In the second lawsuit, the Obligor filed a lawsuit against the third obligor claiming the same rights established in the first lawsuit. The Supreme Court ruling says that the res judicata of the Action for Obligee`s Right of Subrogation to Obligor in the former lawsuit also affects the latter lawsuit if the obligor knew the lawsuit in the former lawsuit. (ⅱ) After the final judgment between the obligor and the third obligor, it is a question of whether the res judicata of the former lawsuit can be applied when the Obligee files a the Obligee’s subrogation action against the third obligor. (ⅲ) It is a question of whether the res judicata of the former lawsuit can be applied another the Obligee’s subrogation action.