1. The defendant shall pay 34 million won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

1. Comprehensively taking account of the purport of Gap evidence No. 2 and all pleadings as to the cause of the claim, the defendant borrowed KRW 50 million from C on September 15, 2018 at the maturity of payment on July 14, 2019 and at the interest rate of 24% per annum. Upon the defendant's request, the plaintiff may recognize the fact that he/she jointly and severally guaranteed the defendant's obligation to borrow money against C (hereinafter "the obligation to borrow money of this case").

According to the above facts, since the loan repayment obligation of this case became due on July 14, 2019, the trustee guarantor acquired prior right to indemnity against the Defendant, who is the principal debtor of the loan repayment of this case, pursuant to Article 442(1)4 of the Civil Act.

I would like to say.

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff KRW 34 million out of the loan debt of this case with the advance payment.

From August 22, 2019 to the delivery date of a copy of the complaint of this case, the Plaintiff also sought payment of 5% per annum as stipulated in the Civil Act, and 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

However, in a case where the trustee guarantor exercises the right to indemnity in advance against the principal obligor pursuant to Article 442 of the Civil Act, the scope of the claim as the right to indemnity is limited to the interest already incurred, the delay damages after the due date, the expenses not to be paid, and other damages. The damages for delay up to the due date of the full payment of the principal cannot be included in the scope of the right to indemnity. In addition, since the right to indemnity in advance claims the provision of funds for future repayment, the trustee guarantor cannot claim damages for delay against the amount which has not yet been paid (see, e.g., Supreme Court Decision 2003Da46758, Jul. 9, 2004). The plaintiff's claim for this part falls under the scope of the right to indemnity in advance.