1. The part against the Defendants in the judgment of the court of first instance is revoked, and the Plaintiff corresponding to the revoked part is the Defendants.

1. The reasoning for the court’s explanation on this part of the underlying facts is as follows: “Credit Guarantee Agreement” in the first instance judgment No. 3, No. 10, 11 of the first instance judgment; “E” in the second instance judgment as “Guarantee Insurance Agreement (hereinafter “instant Guarantee Insurance Agreement”); “E” in the fourth instance as “Co-Litigation Intervenor”; “Credit Guarantee Agreement” in the 14th instance as “Guarantee Insurance Agreement”; “Credit Guarantee Agreement” in the 19th instance as “Guarantee Insurance Agreement”; “No. 28, 2012.” in the 19th sentence as “No. 4. Dec. 4, 2012”; “E” in the second sentence of the 4th instance judgment as “E”; and therefore, it shall be accepted in accordance with Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. The Plaintiff’s assertion holds claim against D for reimbursement equivalent to KRW 281,867,651 and damages for delay.

However, according to the instant guarantee insurance agreement entered into between C and Seoul Guarantee Insurance on December 2011, the Defendants jointly and severally guaranteed by D and the Defendants, and the Intervenor with respect to the liability for indemnity to be borne by Seoul Guarantee Insurance, and the Defendants, who correspond to the said joint and several liability, are also jointly discharged from the liability for indemnity by paying the said liability amount of KRW 94,94,762. As such, the Defendants are liable to compensate for the said liability to D as the proportion of each of the said liability amount of KRW 94,94,762.

Therefore, the defendants are obliged to pay 1/4 of the above indemnity amount of KRW 94,94,762 of KRW 1/4 of the above indemnity amount of KRW 23,748,690 (i.e., KRW 94,94,762 x 1/4) and delay damages to the plaintiff who subrogated D as the exercise of subrogation right by subrogation.

B. The Intervenor’s assertion D, the Defendants, and the Intervenor are joint and several sureties for the indemnity liability that C bears according to the instant guarantee insurance agreement against Seoul Guarantee Insurance. The Defendants, a joint and several sureties, by paying the indemnity liability amounting to KRW 94,94,762 to Seoul Guarantee Insurance, were also jointly exempted from the said indemnity liability.