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

Purport of claim and appeal

1..

A. The status C Union of the parties (hereinafter “instant union”) is a union established on June 1, 2005.

On February 5, 2006, the Plaintiff was appointed as the president of the instant association, and the Defendant served as the auditor of the instant association.

B. The instant credit transaction agreement and the instant guarantee, etc. 1) The instant union and D Co., Ltd. (hereinafter “D”).

(1) On September 16, 2005, the term “credit transaction agreement” was concluded with the credit transaction agreement to the effect that the term “company ordinary loan” in the credit subject, “150 million won” in the agreed amount, and “9.15, 2006.” (hereinafter “the credit transaction agreement of this case”).

2) On the same day, the Plaintiff, the Defendant, E, F, G, and H set forth the instant credit transaction agreement with respect to all obligations that the instant union owes to D in the present and future as KRW 195 million on the basis of the instant credit transaction agreement, respectively, and provided a limited security for each of them.

D around December 2006, it terminated the limited contract with H and the above limited contract.

C. From September 15, 2007, the instant union did not pay a loan under the instant credit transaction agreement. D notified on October 15, 2007, the Plaintiff to repay the loan. 2) On December 7, 2007, the Plaintiff subrogated to D the total amount of KRW 101,556,140,00 in total of KRW 99,160,000 and interest amount of KRW 2,396,140.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 4, and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, it is reasonable to view that Defendant E, F, and G were jointly indemnified due to the Plaintiff’s repayment, a joint and several surety for the above loan obligation against D of the instant union, which is a joint and several surety for the above loan obligation.

Therefore, the plaintiff can exercise the right of reimbursement under Article 448 of the Civil Act for the portion of the joint and several sureties's liability for the above loan. Unless otherwise stipulated, the joint and several sureties bear the burden equally.