1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On February 11, 2010, the Co-Defendant B Co-Defendant B Co-Defendant B Co-Defendant B (hereinafter “B”) of the first instance court decided to borrow KRW 97 million from F from F to F, and agreed to repay the debt by August 12, 2010. At the time, the Plaintiff at the time jointly and severally guaranteed the said debt to F (hereinafter “instant Joint and Several sureties Agreement”).

B. B did not repay the above debt, and the Plaintiff paid KRW 97 million to F from around 2013 to February 6, 2017.

C. On the other hand, on August 22, 2018, Co-Defendant D of the first instance trial completed the registration of creation of a mortgage over KRW 55 million with respect to the amount of 1983 square meters of Ulsan I forest land owned D to the Plaintiff.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 4, and 5 (including branch numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion Defendants, and the Defendant C’s representative director, B, and D (hereinafter “Defendants, etc.”) purchased the land of 11 parcels from F, Ulsan, K, L, M, N,O, P, Q, Q, R, and T, which were owned by F, around 2009, and did not pay any balance under the above sales contract.

F, a seller, demanded payment of KRW 97 million equivalent to the capital gains tax to be additionally borne by F on condition that the Defendants, etc. do not cancel a sales contract and the Plaintiff's joint and several sureties therefor.

Accordingly, on February 11, 2010, the Defendants and D agreed on the joint and several guarantee agreement of this case by requesting that “self-reliance will be responsible and repaid to the Plaintiff.”

However, the Plaintiff’s payment of KRW 97 million by subrogation to F because the Defendants, etc. did not repay the above debt to F. Thus, the Defendants jointly liable to pay KRW 97 million after deducting KRW 57 million which they promised to pay to the Plaintiff while setting up a collateral security right on the land owned by D, which was subrogated by the Plaintiff, from KRW 97 million.