2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

3. On the ground that the partial rescission of a contract has been concluded, the Plaintiff, as a surety, sought damages for delay on the advance reimbursement itself from the Defendant, who is the principal obligor, by exercising the right to demand a prior reimbursement of KRW 140,000,000 to the obligee C.

However, in cases where a trustee guarantor exercises a prior right to indemnity against a principal obligor pursuant to Article 442 of the Civil Act, the scope of a claim as a prior right to indemnity is limited to interest and later damages arising, delay damages after the due date, expenses not to be paid, and other damages incurred until he/she complies with the prior right to indemnity. Since a prior right to indemnity is a claim for the provision of funds for future repayment, the trustee guarantor cannot claim damages for delay against the amount not yet paid (see Supreme Court Decision 2003Da46758, Jul. 9, 2004). The part of the Plaintiff’s claim for damages for delay against the advance right to indemnity itself is without merit