1. The defendant shall be jointly and severally with C to the plaintiff KRW 34,400,00 and shall be annually from May 2, 2005 to September 18, 2014.

The following facts can be acknowledged if the judgment on the cause of the claim was based on the evidence Nos. 1 to No. 3, and the purport of the whole argument is added to the statement No. 1 to No. 3:

C On October 24, 200, between the Chungcheong Credit Guarantee Foundation and the Chungcheong Credit Guarantee Foundation, entered into a credit guarantee agreement with the content of requesting the Chungcheong Credit Guarantee Foundation to provide the credit guarantee of KRW 100,000,000 for the loan obligations borne by C.

At the time of the above credit guarantee agreement, the plaintiff, the defendant, and D jointly and severally guaranteed C's obligations to the Chungcheong Credit Guarantee Foundation.

Afterwards, the Chungcheongnam-Nam Credit Guarantee Foundation made a substitute payment for a loan obligation borne by C in accordance with the above credit guarantee agreement, and on May 2, 2005, the Plaintiff made a substitute payment of KRW 103,200,000 for C's indemnity liability for the Chungcheong Credit Guarantee Foundation incurred by the above subrogation.

Judgment

In the case where there are two or more joint and several sureties, there is a certain amount of money to share the source of the principal obligation with respect to the internal relationship between the joint and several sureties, and there is a certain amount of money to share, i.e., the proportion of the share, if there is a special agreement among them, they shall be naturally liable, and unless there

Therefore, when one of the joint and several sureties has repaid in excess of his/her share, another joint and several sureties can be claimed for reimbursement.

(See Supreme Court Decision 2007Da70155 Decided June 25, 2009). Examining the facts acknowledged as above in light of the aforementioned legal principles, the Plaintiff, Defendant, and D, who jointly and severally guaranteed C’s obligations to the Chungcheong Credit Guarantee Foundation, share the above obligations equally, unless otherwise stipulated, in their internal terms.

Therefore, the plaintiff who paid the full amount of C's debt in excess of his/her own share shall be entitled to indemnity against the defendant and D, who are other joint and several sureties.

In addition, the right to indemnity is the portion of exemption due to the subrogation, the legal interest after the date of exemption, the costs which cannot be avoided.