In this regard, G, the Plaintiff prepared a loan certificate stating that “E lends KRW 150,000,000 to G, and the Plaintiff is a joint and several surety for the above loan obligation of G.

After that, E filed a lawsuit against G and the Plaintiff for a loan claim under the Changwon District Court 2006Gahap862.

In the above litigation proceedings on August 21, 2006, the conciliation was concluded that “G and the Plaintiff shall jointly and severally pay 180,000,000 won to E until December 10, 2006, and shall pay 20% interest per annum from December 11, 2006 to the date of complete payment if the above performance is delayed.”

On July 24, 2015, the Plaintiff drafted a debt repayment agreement with E, stating that “the Plaintiff shall transfer ownership of KRW 130,000,000 and KRW 105,000 to E, and the said loan obligations shall be terminated,” and paid KRW 20,00,000 to E on the same day.

G died on May 11, 201, and the Defendants, their children, succeeded to their rights and obligations.

[Reasons for Recognition] 1 to 6 (including additional numbers), witness E's testimony, the purport of the whole pleadings

2. In light of the circumstances surrounding the guarantee as seen earlier prior to the determination of the Plaintiff’s cause of the claim, the Plaintiff is deemed to be in the position of a trustee as a real manager for G.

The Plaintiff, as a trustee of the above loan obligation, may exercise a prior right to demand reimbursement for the loan not only KRW 20,000,000 which was paid by subrogation as well as KRW 20,00,00 which was already due, but also not repaid by G

(See Article 442(4) of the Civil Act. Therefore, the Defendants, a heir of G, should pay to the Plaintiff the sum of KRW 130,000,000 as well as damages for delay on part of the amount of indemnity and advance reimbursement, which the Plaintiff seeks.

3. The defendants.