If an obligee has demanded performance of the obligation from the surety, upon proving that the principal obligor has sufficient means to effect performance and that the execution would be easy, the surety may enter a plea as a defense that the obligee must demand from the principal obligor and that he or she must first levy execution on the property of the principal obligor; provided, if the surety has assumed an obligation jointly and severally liable with the principal obligor, this shall not be apply.
Civil Act — Article 437 (Defense by surety of peremptory notice and inquiry)
민법 제437조
For AI agents and developers — get this article as JSON, with the English and current Korean effective dates and an outdated-translation flag, from the korea-law API or as an MCP tool:
https://mcp.apify.com?tools=kr-data/korea-law