1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.

Co-Defendant A Co-Defendant A in the first instance trial.

1. The grounds for this part of the basic facts are as follows: “Defendant A” in the judgment of the court of first instance shall be deemed to be “A”; “Defendant B” shall be deemed to be “B”; “the instant building” in the third part of the judgment of first instance shall be deemed to be “real estate indicated in the attached list (hereinafter “instant store”)”; “the instant building” in the same part shall be deemed to be “the instant building” in the main sentence of Article 420 of the Civil Procedure Act, except where “the instant building” is deemed to be “the instant store.”

2. Determination:

A. 1) As to whether a preserved claim is established or not, in principle, a legal act for the purpose of property right should have occurred before the obligor performs a juristic act with the knowledge that it would prejudice the obligee. However, there is a high probability that at the time of the juristic act, the legal relationship, which is the basis of the establishment of the claim, has already been established at the time of the juristic act, and that there is a high probability about the creation of the claim in the near future, and in the near future, the possibility of realizing the claim in the near future, the claim may also be a preserved claim (see, e.g., Supreme Court Decision 2000Da17346, Jun. 27, 200). According to the above facts, the Plaintiff had a claim for indemnity against A and its delay damages. Although at the time of the contract of this case, each of the above legal relations, which is the basis of the establishment of the claim for indemnity, was concluded with the above credit guarantee agreement, which is the basis of the establishment of the claim for indemnity, and it is probable that the above credit guarantee agreement between A and the defendant A.