1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The grounds for a judgment of the first instance shall be quoted for this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the first instance;

However, under the second judgment of the first instance court, the term “12,400,000 won” shall be read as “12,400,000 won”, “one bank and H” shall be read as “one bank”, “one bank and one H” shall be read as “one bank”, and the judgment on the defendant’s assertion shall be added as follows.

2. Additional determination

A. In a case where a part of the Defendant’s claim is extinguished due to repayment, etc. when multiple obligations are jointly and severally liable with different amounts, the part to be extinguished first is not the part to be jointly and severally liable with other debtors, but the part to be jointly and severally liable with other debtors, in light of the parties’ intent and the purport

Therefore, KRW 67,440,00 of the repayment amount of one bank must be appropriated first for KRW 11,240,00,000, which is the part of the obligation solely assumed by G (the largest debtor). As such, among the Plaintiff’s debt amount of KRW 101,160,00, the part extinguished due to the above repayment is limited to KRW 56,20,000 (67,440,000 - KRW 11,240,000) excluding the above KRW 11,240,000 (101,160,000,000 - 56,200,000). Accordingly, the Plaintiff’s debt remains.

However, since the plaintiff paid only KRW 33,720,00 to the defendant additionally, 11,240,000 out of the plaintiff's debt ( KRW 44,960,000 - KRW 33,720,00) remains.

B. The key issue of this case is that, among multiple vicarious debtors jointly and severally liable by the judgment of this case, where one bank (60% of the liability ratio), which is the minimum debtor, fully pays 67,440,000 won of its debt, the obligation of the Plaintiff (90% of the liability ratio) due to the above repayment is extinguished as much as the obligation of the Plaintiff (90% of the total amount of the above repayment amount) is equivalent to the full amount of the above repayment, or that of G (11,240,000 won equivalent to 10% of the liability ratio), which is the largest debtor (10% of the total amount of the liability ratio), is extinguished first, as alleged by the Defendant. The Plaintiff is