채권자대위권 행사의실천적 기능에 관한 고찰 - 민사집행과의 비교를 중심으로 -

We examined types of practical use of the subrogation right of a creditor. As a result, the subrogation right of a creditor is not limited to preservation of non exempt property but has been serving preservation⋅security⋅satisfaction of aclaim. The purpose of the subrogation right of a creditor, that is preservation⋅security⋅satisfaction of a claim is revealed either when claim to be preserved and claim to be subrogated are all debts or when claim to be preserved is aspecific claim. Even though that is not a result of performance of the subrogation right of acreditor itself but combination of the subrogation right of a creditor and directreceipt and offset system, a system is not used by intention of a legislator but determined by a usage according to necessity of a user. When we realize that combination usage of the subrogation right of a creditor and direct receipt and offset system is practically, indivisibly connected, the purpose and function of the subrogation of a creditor system consist in preservation, security, satisfactionof a claim. Meanwhile, a claim satisfaction of a creditor leads to impossibility of other creditors’ claim satisfactions because of the prohibition of duplicate law suits and effect of Res Judicata. Herein, mediation of interests between creditors is necessary.