1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure

2. Determination as to the cause of claim

A. (1) The Plaintiff asserts that the Defendant, who is a joint guarantor of each of the instant agreements, caused a cause for loss of benefit under Article 11(1)1 and (2)4 of the instant agreement, to M, and that the Defendant, as a joint guarantor of each of the instant agreements, had the right to prior reimbursement of KRW 147,282,740 in total, has occurred.

(2) The Defendant asserts that no claim for the warranty liability has been made until the expiration of the period of the Defendant’s warranty liability, and that the Plaintiff’s warranty liability for the prior claim has not been finalized.

In addition, the defendant argues that L only succeeded to B's obligations related to the invested property, or that the defendant did not jointly and severally guarantee M's obligations to the plaintiff or did not succeed to M's obligations to the plaintiff.

B. (1) First, the occurrence of the time limit interest and the prior indemnity stipulated in each of the instant agreements has occurred in M, and the Defendant is the joint and several surety of each of the instant agreements as seen earlier.

The above facts alone are whether the plaintiff can exercise the right of advance reimbursement in relation to the warranty liability.

(2) On the other hand, the above reasons stipulated in each of the instant agreements can be seen as an extension of the case where the trustee under Article 442(1) of the Civil Act can exercise the prior right to demand reimbursement against the obligee, namely, when the guarantor is tried to pay to the obligee without negligence (No. 1).

However, if provided in the Civil Code, either of the parties or of the guarantor's obligations with respect to the guarantor's guarantee creditor at the time of the recourse to exercise the right of advance reimbursement against the principal debtor (joint guarantor).