Where part of the liability of the guarantor is repaid in a contract for fidelity guarantee, the scope of the liability of the guarantor;

Where a fidelity guarantor has entered into a contract for the fidelity Guarantee that he/she will jointly and severally compensate for damages with the guarantor, the liability of the guarantor is equal to the scope of the liability of the guarantor in principle. Therefore, the scope of liability of the guarantor should be determined by considering the reasons prescribed in Article 6 of the Fidelity Guarantee Act based on the amount of damages to be compensated by the guarantor. Therefore, where part of the amount of liability of the guarantor has already been repaid and the payment of the balance has been requested with the guarantor, the extent of liability of the guarantor shall be determined based on

Article 6 of the Fidelity Guarantee Act

Supreme Court Decision 80Da3057 Delivered on December 28, 1982 (Gong1983, 342) Supreme Court Decision 80Da3059 Delivered on December 28, 1982

Criminal Food Co., Ltd.

Defendant-Appellee et al., Counsel for the defendant-appellant

Daegu High Court Decision 91Na5090 delivered on April 30, 1992

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

Where a fidelity guarantor has entered into a contract for the fidelity guarantee that he/she will jointly and severally compensate for damages with the guarantor, the responsibility of the fidelity guarantor is, in principle, the same as the scope of the responsibility of the guarantor, so the guarantor should set the scope of the responsibility of the fidelity guarantor in consideration of the reasons under Article 6 of the Fidelity Guarantee

Therefore, if part of the amount of the surety's liability is already paid to the surety, and the payment of the balance is requested to the surety, the existence and limit of the surety's liability should be determined on the basis of the balance (see Supreme Court Decision 80Da3059 delivered on December 28, 1982).

In determining the amount of damages that the Defendant, as a guarantor, is liable for damages to the Plaintiff, the lower court is justifiable in accordance with the above legal doctrine, based on the amount of KRW 26,979,050 calculated by deducting KRW 14,00,000 paid by the Plaintiff from the amount of damages 40,979,050, which the Nonparty, as the guarantor, was paid to the Plaintiff, based on the amount of KRW 26,979,050, which was paid by the Plaintiff. The arguments are without merit.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Jong-dong (Presiding Justice) Kim Sang-ho (Presiding Justice)