Joint Surety & Indemnity (Reimbursement) Claim Calculator

Joint Surety & Indemnity (Reimbursement) Claim Calculator helps estimate Korea-related debt, insolvency, workout, bankruptcy, late interest, and recovery assumptions in English.

Legal scenario inputs

Enter Korea-related court, traffic, debt, family, civil, medical-dispute, criminal, or real-estate dispute assumptions. Results are simplified planning estimates.

Interest or recovery cost

₩3,000,000

Settlement target

₩51,500,000

Monthly payment estimate

₩4,291,667

Relief or exempt ratio

3%

12 month plan

A joint surety who pays the creditor gains a right of indemnity against the principal debtor under the Korean Civil Act. An entrusted surety (art. 441, applying art. 425(2)) may recover the principal plus statutory interest from the date of discharge and unavoidable costs; an unrequested surety recovers only up to the benefit conferred (art. 444). Statutory interest is 5% per year for civil debts (Civil Act art. 379) and 6% for commercial debts (Commercial Act art. 54); once an indemnity suit is filed, 12% per year applies from the day after the complaint is served (Act on Special Cases Concerning Expedition of Legal Proceedings art. 3). Among co-sureties, a surety who pays beyond their equal share may claim contribution from the others, and an insolvent co-surety’s share is redistributed among the solvent ones (arts. 427, 448). Korea-based 2026 rules; this is an estimate, not legal advice.

Related calculators

What is the Joint Surety & Indemnity Claim Calculator?

This calculator estimates the indemnity (reimbursement) a surety can recover after paying a creditor on behalf of the principal debtor under Korean law.
When a joint surety pays the debt, a right of indemnity arises, and that indemnity covers not only the principal paid but also statutory interest from the date of discharge and any unavoidable costs.
It computes three figures on one screen: the indemnity against the principal debtor, the contribution shares among co-sureties, and the court filing costs (stamp fee and service fee) of an indemnity lawsuit.

Every figure follows the 2026 Korean Civil Act, Commercial Act, Act on Special Cases Concerning Expedition of Legal Proceedings, and the Act on Stamps in Civil Litigation, mirrored from the National Law Information Center.
From the discharge date to the day the complaint is served, statutory interest of 5% (civil) or 6% (commercial) applies; from the day after service, the 12% per-year delay interest under the Expedition Act applies automatically and separately.

Korea-specific disclaimer: This calculator is based entirely on Korean law — the Civil Act (arts. 425, 427, 428, 437, 439, 441, 444, 447, 448, 379), the Commercial Act (art. 54), the Act on Special Cases Concerning Expedition of Legal Proceedings (art. 3), and the Act on Stamps in Civil Litigation (art. 2).
It is a reference estimate for 2026 rules only and does not replace advice from a Korean attorney, a court decision, or a case-specific review. The scope of indemnity, the interest start date, and any comparative-fault reduction are decided by the court on the facts of each case.

Who is this for?

  • • A joint surety who guaranteed a friend’s, family member’s, or company’s debt and paid it
  • • Anyone claiming indemnity from the principal debtor after paying on their behalf
  • • Co-sureties who must split the burden among several guarantors
  • • People who need to compute statutory interest and delay interest on the indemnity precisely
  • • Plaintiffs estimating the stamp and service fees of an indemnity suit in advance
  • • Lending, finance, and legal staff handling surety and indemnity matters

Joint Surety and the Right of Indemnity (Civil Act arts. 428, 437, 441)

A surety must perform the obligation the principal debtor fails to perform (Civil Act art. 428).
An ordinary surety can raise the defense of demand and execution — asking the creditor to pursue the principal debtor first — but a joint surety has no such defense (art. 437 proviso).
Because a joint surety stands in the same position as the principal debtor toward the creditor, they very often end up paying the debt themselves.

When does the right of indemnity arise?

When a surety extinguishes the principal obligation by payment or other expenditure, a right of indemnity against the principal debtor arises (art. 441).
An entrusted surety — one who became surety at the principal debtor’s request — has a broad right, and by applying art. 425(2), may also recover statutory interest from the date of discharge and unavoidable costs.

  • • Form of suretyship: a suretyship is effective only if made in writing with the surety’s signature or seal (art. 428-2).
  • • Joint-surety trait: no defense of demand and execution, so the creditor can claim against the surety directly.
  • • Indemnity arises: on the very day the principal obligation is extinguished (the discharge date).

Scope of Indemnity Against the Debtor (Civil Act arts. 441, 444, 425)

How much you can recover depends on the circumstances under which you became surety.
The calculator distinguishes three types and computes the scope accordingly.

1. Entrusted surety — at the debtor’s request (art. 441)

This is the case where you became surety at the principal debtor’s request, which covers most joint-surety situations in practice.
The scope includes the principal paid plus statutory interest from the date of discharge, unavoidable costs, and other damages (applying art. 425(2)).

2. Unrequested surety (art. 444(1))

If you became surety without the principal debtor’s request, you may recover only up to the benefit the debtor received at that time.
In this case statutory interest from the discharge date is generally excluded, so the calculator omits interest as well.

3. Surety against the debtor’s will (art. 444(2))

If you became surety against the principal debtor’s will, you may recover only up to the benefit still existing at the time of the indemnity claim.
The calculator therefore takes only the principal as the indemnity amount and excludes costs and interest for the most conservative estimate.

Statutory Interest and Delay Interest (Civil Act art. 379, Commercial Act art. 54, Expedition Act art. 3)

Interest on the indemnity splits into two rates by period.
Understanding this split is key to getting close to the amount a court would actually award.

PeriodRateBasis
Discharge date to service (civil)5% / yearCivil Act art. 379
Discharge date to service (commercial)6% / yearCommercial Act art. 54
Day after service to full payment12% / yearExpedition Act art. 3

If the principal debt arose from a commercial transaction, the 6% commercial statutory rate applies; for a purely civil debt, 5% applies.
Once you file an indemnity suit, 12% per-year delay interest under the Act on Special Cases Concerning Expedition of Legal Proceedings applies from the day after the complaint is served on the principal debtor.
The calculator computes 5% or 6% from the discharge date to service, and 12% from the day after service to the reference date, each on a daily basis, and adds them together.

Contribution Among Co-Sureties (Civil Act arts. 448, 447, 439, 427)

When several people guarantee one debt, a surety who pays beyond their own share may claim contribution from the other co-sureties for the excess (art. 448).
Absent a special agreement, the shares are divided equally by the number of sureties.

Benefit of division (art. 439)

In a simple co-suretyship, the benefit of division applies, so each surety is liable to the creditor only for their equal share (art. 439, applying art. 408).
But in a joint suretyship, or where the sureties are jointly bound with each other, there is no benefit of division and each is liable for the whole, so paying beyond one’s share happens often.

  • • Simple co-suretyship: benefit of division applies — each liable only for an equal share
  • • Joint suretyship: no benefit of division — each liable for the whole, contribution on excess
  • • Joint-type contribution: statutory interest from discharge may be added to the excess (art. 448(2) → art. 425)

When a co-surety is insolvent (art. 427)

If a co-surety cannot pay, their share is borne by the indemnity claimant and the other solvent sureties (Civil Act art. 427).
The calculator re-divides the shares by the number of solvent sureties, so the insolvent surety’s portion is redistributed among the remaining ones.

Indemnity Lawsuit Costs (Act on Stamps in Civil Litigation)

If the principal debtor will not reimburse you, you will ultimately file an indemnity suit.
The suit value equals the indemnity you claim, and the stamp fee is computed by suit-value bracket.

Stamp and service fee method

  • • Up to KRW 10M: suit value × 0.5%
  • • KRW 10M – 100M: suit value × 0.45% + 5,000
  • • KRW 100M – 1B: suit value × 0.4% + 55,000
  • • Over KRW 1B: suit value × 0.35% + 555,000

The appeal stamp is 1.5× the first-instance fee, and the final appeal is 2×.
The service fee is number of parties (1 plaintiff + defendants) × 15 rounds × KRW 5,500.

For example, claiming KRW 55 million gives a first-instance stamp of KRW 252,500 and, with one defendant, a service fee of KRW 165,000.
If the claim is KRW 30 million or less, a payment order or small-claims procedure is cheaper and faster.

Frequently Asked Questions

Q. Can I add interest to the indemnity?

A. An entrusted surety may include statutory interest from the date of discharge (applying Civil Act art. 425(2)).
Civil debts accrue 5% per year, commercial debts 6%, and once suit is filed, 12% applies from the day after service.

Q. How is each share determined?

A. Absent a special agreement, shares are divided equally by the number of co-sureties (Civil Act arts. 439, 408).
If a surety is insolvent, their share is borne by the solvent sureties (art. 427).

Q. Can a joint surety raise the demand-and-execution defense?

A. No.
A joint surety is bound jointly with the principal debtor, so the defense of demand and execution is not available (Civil Act art. 437 proviso).

Q. What is the limitation period for an indemnity claim?

A. An indemnity claim is generally subject to a 10-year limitation, or 5 years if commercial.
Because the claim can lapse, it is best to claim promptly after discharge.

Q. Can I claim exactly what the calculator shows?

A. This is a reference estimate.
The interest start date, comparative-fault reduction, and pre-payment indemnity (art. 442) vary by case, so consult an attorney before filing a concrete claim.

Estimate your indemnity now

Enter the amount paid and the discharge date to see statutory interest, delay interest, contribution shares, and lawsuit costs on one screen.

Based on the 2026 Korean Civil Act, Commercial Act, and the Expedition Act for a joint-surety indemnity.