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(영문) 서울고등법원 2015.08.20 2014나2029467
구상금 등
Text

All appeals by the defendants are dismissed.

The costs of appeal shall be borne by the Defendants.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On July 7, 2008, the president of the Y hospital A, B (Secretariat of the Q Hospital), and C (C) participated in the public auction procedure for the AS Medical Center located in Jinju, and paid a successful bid price of KRW 19.77 billion through the electronic bidding on July 7, 2008, and revised the hospital under the name of "Y Hospital" from the beginning of the beginning of the year 2009 after the completion of the registration on September 16, 2008, with the name of "Y Hospital" and the name of "Y Hospital" around December 18, 2010.

(3) A et al. (hereinafter referred to as "a hospital operator"). (2)

1) On December 2009, the Plaintiff entered into a guarantee insurance contract between the Plaintiff and A, etc. with the hospital operator, and the hospital operator, Inc., Ltd. (hereinafter referred to as the “Cinwewa”).

(3) The term of a performance guarantee insurance contract for the obligation to return the lease deposit under the cafeteria entrusted operation contract for cafeteria entrusted with the cafeteria shall be determined by the insurance coverage amounting to one billion won and the insurance coverage period from December 9, 2009 to December 8, 2011 (hereinafter “instant 1 guarantee insurance contract”).

(2) Around February 2010, the Plaintiff entered into a guarantee insurance agreement (hereinafter “instant guarantee agreement”) with the hospital operator by setting the insurance period from March 4, 2010 to March 3, 201, with respect to the obligation to return the lease deposit owed by the hospital operator between the hospital operator and the hospital operator, the Plaintiff entered into a guarantee insurance agreement (hereinafter “instant guarantee insurance agreement”) with the insurance period from September 1, 2009 to December 31, 201.

In addition, Defendant E and the network X and D, F, G, and H have jointly and severally guaranteed the obligation of indemnity against the Plaintiff by the hospital operators under the above Limit Trade Agreements.

3) On October 2010, the Plaintiff: (a) on the basis of the instant credit transaction agreement with the hospital operator, the hospital operator’s Z (mutual name: the amount of insurance coverage is KRW 1 billion; and (b) the insurance period is October 2010.

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