A. The Plaintiff, who runs the retail brokerage business of electronic commerce in the name of “D”, sold “F” products to the Defendant, the operator of “E” during the period from 2014 to 2015.

B. The Defendant supplied the goods purchased from the Plaintiff to G Co., Ltd. (hereinafter “G”); while selling the said goods in home shopping, defects were discovered and no longer sold.

C. H (hereinafter “H”) and the Defendant, on November 4, 2016, agreed that KRW 50% for KRW 196,00,000 with respect to the payment of the return price on December 31, 2016, and the remainder 50% shall be paid by March 31, 2017, and the payment shall be made by March 31, 2017 (hereinafter “instant agreement”). If the payment is not made by the due date, the Plaintiff and the Defendant’s husband jointly and severally guaranteed the Defendant’s obligation.

H filed a lawsuit against the Plaintiff, Defendant, and C seeking joint payment of the remainder of the agreed amount of KRW 67,252,00,000 and the damages for delay, as the High Government District Court Decision 2018 Ghana9355.

On April 25, 2019, the above court rendered a judgment that "the defendant shall pay 67,252,000 won to H jointly with the plaintiff and C and at least 5% interest per annum from April 1, 2017 to April 25, 2019, and 15% interest per annum from the next day to the date of full payment," and the above judgment became final and conclusive as it is.

(hereinafter referred to as “previous Judgment”). 【Ground of Recognition】 A without any dispute, entry of evidence Nos. 1 and 2, and purport of the whole pleadings

2. Determination

A. According to the facts of the recognition of the claim for advance reimbursement, the Plaintiff, as a trustee of the Defendant’s obligation to the instant agreed amount, was judged to repay to H without negligence without fault, as well as the period during which the instant agreed amount obligation, which is the principal obligation, has already arrived. Thus, Article 442(1)1 and 4 of the Civil Act, which is the Defendant, the principal obligor, is the Defendant.