1.The judgment of the first instance, including any primary claims added and reduced claims, shall be as follows:

1. The reasoning for the court’s explanation on this part of the underlying facts is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except where “4,548,393 won” in Section 7 of Chapter 3 of the judgment of the court of first instance is used as “392,04,173 won”. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. According to the facts of recognition as to the claim for indemnity, since the plaintiff as a surety to secure another's property to secure another's property to pay a sum of KRW 35,500,000 to the non-party company, the defendant is liable to pay to the plaintiff the amount of KRW 35,50,000 for indemnity and damages for delay.

(2) The court below held that the plaintiff's primary claimant's primary claimant's primary claimant's primary claimant's claim for restitution of unjust enrichment and the second primary claimant's claim for restitution of unjust enrichment cannot be judged further.

A. Party’s assertion 1) The Plaintiff’s account is 42,31,706 won (=43,35,879 won - 392,04,173 won - 3,002,720 won (3,002,423 won) deposited in the Plaintiff’s account in the Plaintiff’s account, which can be deemed to have been repaid by the Defendant’s “B” as the loan amount of KRW 433,581,294 used by the Defendant. In other words, the Plaintiff appears to have been deposited in the Plaintiff’s account in the lower court as the Plaintiff’s LV card amount of KRW 521,234,063 (3,000,000 won, KRW 2,000,000, KRW 505,0050, KRW 5050,000, KRW 2,50550,000, KRW 505,000, KRW 505,00.

) The Defendant sought payment of KRW 391,269,58 (i.e., KRW 433,581,294 - KRW 42,311,706) after deducting “the details used by the Defendant as construction cost, etc.”

2) Based on the Defendant (based on the preparatory brief dated June 21, 2016).