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(영문) 서울중앙지방법원 2014.06.26 2012가합31760
구상금 등
Text

1. The Plaintiff:

A. Defendant A, B, C, I, F, and H are jointly and severally liable for KRW 1,052,191,779 and KRW 1,00,00,000 among them.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant A, B, and C (hereinafter “Defendant Hospital Operators”) jointly run the Y Hospital around December 2009. The Plaintiff is the Defendant A, B, and C (hereinafter “Defendant Hospital Operators”).

2) As between the Defendant Hospital’s operator and the Defendant Hospital’s proprietor, Inc., Ltd. (hereinafter referred to as “Czewawawa”)

(3) In relation to the duty to return the lease deposit under the cafeteria entrusted operation contract for the restaurant, the term of the insurance coverage of KRW 1 billion and the term of the insurance coverage from December 9, 2009 to December 8, 201, the performance guarantee insurance contract for the performance guarantee (hereinafter “instant 1 surety insurance contract”) is stipulated as follows:

A) On the other hand, Defendant I, F, and H have jointly and severally guaranteed the Defendant hospital’s liability for indemnity against the Plaintiff under the instant guarantee insurance contract. (2) On February 2010, the Plaintiff entered into a guarantee insurance contract agreement between the Defendant hospital operator and the Defendant hospital operator with respect to the maximum trading amount of KRW 3 billion, the maximum trading period from March 4, 2010 to March 3, 201, and the cover period from September 1, 2009 to December 31, 201.

On the other hand, Defendant D, E, F, G, H, and net X jointly and severally guaranteed the Defendant Hospital’s liability for indemnity against the Plaintiff according to the instant Limit Transaction Agreement.

3) On October 2010, the Plaintiff concluded a performance guarantee insurance contract (hereinafter “instant 2 guaranty insurance contract”) with the Defendant hospital operator regarding the duty to return the lease deposit to the Z (trade name:Y Hospital parking lot) of the Defendant hospital operator based on the instant credit transaction agreement, with regard to the duty to return the lease deposit to the Z (trade name): KRW 1 billion; the insurance period from October 25, 2010 to October 24, 2012; and the performance guarantee insurance contract (hereinafter “instant 2 guaranty insurance contract”).

(4) On September 2010, the Plaintiff entered into an insurance policy with the Defendant Hospital’s operator on the basis of the instant ceiling transaction agreement, with regard to the duty to return the lease deposit to A(mutual name: AB) of the Defendant Hospital operator on the basis of the instant ceiling transaction agreement.

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