채권자대위소송과 추심의 소의 경합

An obligee can bring the action of subrogation of the fulfillment of obligation for obligor. In the while another obligee who achieves a collection command from the executive court is qualified to be plaintiff instead of obligor in the sue of claiming of the fulfillment of obligation for obligor. They have the qualification to be a party- standing by regulations. So when they bring the action of the fulfillment of obligation for obligor, the obligor cannot and should not take legal proceeding for the same fulfillment of obligation for himself. As an obligee brings the action of subrogation of the fulfillment of obligation for obligor in advance, can another obligee who achieves a collection command from the executive court file the suit for the same fulfillment of obligation? In conclusion a collection command deprives the obligor of the qualification to be a party for the fulfillment of obligation for himself. As another obligee achieves an ex post facto collection command from the executive court, the upper obligee cannot and should not file the suit for the same fulfillment of obligation for himself even if he went to suit in advance. Another obligee can bring action not only by attaching the claim to the advanced proceeding as a new successive party but also in addition separately. It cannot result in double or duplicate lawsuit due to the advanced action of subrogation by an obligee without the right of compulsory execution. In the opposite case when an obligee who achieved a collection command from the executive court brings an action of the fulfillment of obligation for obligor in advance, another obligee without the right of compulsory execution cannot file the suit of subrogation of the same fulfillment of obligation. Because an obligee's power of subrogation of the fulfillment of obligation for obligor derives from the obligor, but by the collection command obligor was deprived of the qualification to be a party for the fulfillment of obligation for himself. Even if obligor went to suit in advance for the fulfillment of obligation to him, it can result in double or duplicate lawsuit due to the ex post facto collection claim by his obligee. In addition without considering of a previous lawsuit in progress as double or duplicate lawsuit an obligor should fail to be a party as his obligee achieves collection command from the executive court. Because a qualification to be a party is preferred to double or duplicate lawsuit as requirements for litigation.