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. C Co., Ltd. (hereinafter “Nonindicted Company”) concluded a credit guarantee agreement with the Korea Credit Guarantee Fund on May 14, 2008 and received a loan from a financial institution.

At the time of the above credit guarantee agreement, the Plaintiff, Defendant, and D jointly and severally guaranteed the indemnity liability of the non-party company to the Credit Guarantee Fund.

B. On June 28, 2011, the Korea Credit Guarantee Fund paid the insurance money to a financial institution due to the occurrence of an insured incident under the aforementioned credit guarantee agreement, and was ordered by the Plaintiff, the Defendant, and D to pay the total sum of the principal and interest of indemnity amount of KRW 100,700,348 as well as damages for delay of principal amount of KRW 100,00,000,000, and the said payment order was finalized around that time.

C. According to the above payment order from 2011 to 2012, the Plaintiff repaid each of the KRW 70,009,060 to the Credit Guarantee Fund, the Defendant paid each of the KRW 7,678,015 to the Defendant, and KRW 30 million to D.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 4, 5, and 6 (including additional evidence), the purport of the whole pleadings

2. The parties' assertion

A. Since the share of the Plaintiff’s joint and several sureties is presumed to be equal, the Defendant shall pay the Plaintiff the indemnity amount of KRW 28,217,676 ( KRW 70,009,060, KRW 778,015, KRW 30,000) ¡À3-7,678,015).

(If the plaintiff, the defendant, and the non-party company of D share the amount of 25,384,615 won or 28,205,128 won on the basis of the working period of the non-party company, the defendant is the amount shared by the defendant).

Around 2011, the Plaintiff agreed to share KRW 70,009,060 among the Plaintiff, Defendant, and D, KRW 778,678,015, and KRW 30,000,000 to the Korea Credit Guarantee Fund. As such, the Plaintiff’s claim cannot be complied with.

3. According to the testimony of the witness D of the first instance trial, it may be recognized that there has been an agreement among joint and several sureties, such as the defendant's assertion.

On the other hand, the plaintiff did not make any claim against the defendant for six years after 2012.