1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Summary of the plaintiff's assertion

A. On August 18, 2014, the Plaintiff entered into a contract with the Defendant to request events for the sale of camping goods and paid KRW 220,000 to the Defendant. The said contract was terminated thereafter.

In relation to this work, the Plaintiff transferred the said monetary claim to C, while it did not receive a refund of KRW 130,000,000 from the Defendant.

B. On March 18, 2015, the Defendant agreed to the assignment of claims, and prepared and delivered to C a certificate of borrowing “The Defendant borrowed KRW 130,000,000 from C with the interest rate of KRW 4% per month and the due date of payment as of March 31, 2015.”

The plaintiff signed and sealed the above loan certificate as a joint guarantor of the defendant.

C. However, as the Defendant did not pay the above KRW 130,00,000 to C, C urged the Plaintiff to pay KRW 130,000,000. As such, the Plaintiff is placed at C to pay KRW 130,000.

As a guarantor of trust under Article 442(1) of the Civil Act, the Plaintiff acquired the right of advance reimbursement of KRW 130,000,000 to the Defendant. As such, the Defendant is obligated to pay the Plaintiff KRW 130,000,000 and damages for delay.

2. Determination and the main text of Article 442(1) of the Civil Act provides that “A person who has become a guarantor at the request of the principal obligor may exercise the right to indemnity in advance against the principal obligor in the following cases:

The plaintiff's assertion of prior right to indemnity against the defendant is premised on the plaintiff's request that the principal debtor was the guarantor.

Therefore, there is no evidence to acknowledge that the plaintiff has a guarantor upon the request of the defendant who is the principal obligor.

Thus, the plaintiff's claim is dismissed as there is no ground.