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

The purport of the claim and appeal is the purport of the appeal.

2. Determination on the cause of the claim

A. The plaintiff's assertion that the defendant works as a broker assistant of the deceased, and facilitates the deceased's tort by lending his account to the deceased, etc., and thus, he is liable for joint tort by intentional act or by aiding and abetting negligence at least. The plaintiff is liable to compensate for damages caused by the tort to F on behalf of the deceased, who is the guarantor, and thus, can exercise the right of indemnity against the defendant

(The plaintiff has withdrawn subrogation of the insurer alleged as the cause of the claim in the first instance trial). Accordingly, the defendant must comply with the plaintiff's claim as to the amount of KRW 130,000,000 equivalent to the share of liability as the joint tortfeasor.

B. (1) First, we examine the basis for indemnity.

In the event that a person who has become a guarantor for a certain joint tortfeasor has repaid the liability for damages on behalf of the guarantor, the guarantor may exercise the right of indemnity against the other joint tortfeasor who is not the guarantor.

(Supreme Court Decision 2007Da37530 Decided July 24, 2008). Meanwhile, a mutual-aid project operated by the Plaintiff has the nature of guarantee insurance to guarantee the broker’s liability for damages incurred to the transaction party due to his/her tort or nonperformance (see Supreme Court Decision 2011Da77870, Feb. 23, 2012). A guarantee insurance contract aims at the same effect as a guarantee insurance contract with the nature of guarantee in substance. As such, the provisions on the guarantor’s right to indemnity also applies to a guarantee insurance contract (see Supreme Court Decision 95Da46265, Oct. 10, 197). Since the fact that the Plaintiff paid damages to the victim on behalf of the deceased, the Plaintiff is recognized as above.