Indemnity Obligation Arising from Guarantee of Third-Party Performance

The case concerned a dispute over an agreement where one party promised to compensate the other for the financial loss resulting from a third party's non-performance of a contractual obligation, which the promisor had guaranteed. The lower court held that this promise constituted an obligation of guarantee, requiring the promisor to indemnify the injured party upon the third party's default, irrespective of whether the injured party had first pursued legal action against the defaulting third party. The highest court upheld this decision, reasoning that the commitment was a direct undertaking to cover the loss upon the specified condition (the third party's failure to perform), thus establishing a clear and enforceable indemnity obligation distinct from a mere collateral surety that would require prior pursuit of the principal debtor.