A. The plaintiff is the representative director of C Co., Ltd. (hereinafter referred to as the "non-party company"), and the defendant is the auditor of the non-party company.

B. The plaintiff and the defendant are Dong-si, Cheongbuk-do.

D. On the ground, the 19 household units were newly constructed and sold on the ground, and the non-party company was acquired.

C. On December 19, 2016, Nonparty Company awarded a contract to E (hereinafter “E”) for the construction of the said loan, and the Plaintiff and the Defendant concluded a joint and several guarantee contract with E for the obligation of the contractor.

As a joint and several surety of the non-party company, the Plaintiff paid KRW 100 million on July 27, 2018 (on deposit from the Plaintiff’s account to the non-party company’s account, transfer from the non-party company’s account to E), ② KRW 40 million on October 31, 2018 (on deposit from the F’s account with the representative director and payment to E), ③ KRW 20 million on December 31, 2018 (on deposit with the same method as ①), ④ KRW 20 million on February 28, 2019 (on deposit with the same method as ①), ⑤ KRW 29 million on March 29, 2019 (on deposit with the same method as ② KRW 280,000 on June 4, 2019 (on deposit with the Plaintiff’s account to E) and paid KRW 280,000,000.

As a joint and several surety, the Defendant paid KRW 50 million as construction cost to E.

[Evidence] Evidence Nos. 1 and 4, and the purport of the whole argument

2. Determination

A. When one of the joint and several obligors has been repaid or otherwise jointly discharged at his own expense, he may exercise the right to indemnity against the other joint and several obligors (Article 425(1) of the Civil Act). According to the above facts, the Plaintiff, as one of the joint and several obligors, jointly and severally guaranteed by the Defendant, who is another joint and several surety at his own expense, may exercise the right to indemnity against the Defendant’s 1.5 million won (20 million won (280 million won - 50 million won)/2), which is the amount equivalent to 1/2 of the Defendant’s share.

B. As to this, the Defendant asserts that all claims between the Plaintiff and the Defendant have reached an agreement on settlement of accounts.