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(영문) 광주지방법원 2016.07.12 2015가단41256
보증채무금
Text

1. The Defendant: (a) KRW 100,000,000 for the Plaintiff and 5% per annum from September 10, 2015 to July 12, 2016.

Reasons

1. Basic facts

A. On June 22, 2009, the Plaintiff entered into a contract on the consignment operation of a restaurant directly operated by a hospital (hereinafter “instant first contract”) with respect to the restaurant located in the D Hospital located in Seo-gu, Seo-gu, Gwangju (hereinafter “C”), and its main contents are as follows.

Article 2 (Opening of Entrustment) (1) “A” (referring to B; hereinafter the same shall apply) directly entrusts matters concerning the operation of patient meal services to “B” (referring to the Plaintiff; hereinafter the same shall apply) and “B” shall provide food at a place designated by “A”.

(1) The term of this contract shall be from June 23, 2009 to June 22, 2011.

2. Unless one of the parties has given written notice of rejection of renewal to the other party 30 days prior to the end of the above-mentioned period, the term of the contract shall be automatically extended for two years under the same conditions and the extended term of the contract expires.

Article 4 (Contract Deposit) ① “B” shall pay an amount equivalent to KRW 100 million in cash to the deposit account designated by “A” in order to guarantee the performance of this contract, and if there is more than 110 sickbeds, additional KRW 100 million shall be paid in order to guarantee the performance of the contract, and if there is more than 20 sickbeds thereafter, KRW 100 shall be paid in total, KRW 300 million shall be paid.

Provided, That where the additional amount has not been paid because the last 200 sickbeds have not been paid, the deposit for return shall be determined as KRW 200 million in total.

B. On June 22, 2009, the Defendant jointly and severally guaranteed the obligation to refund the deposit to the Plaintiff.

C. A hospital with less than 110 sickbeds is a hospital with less than 110 beds, and the Plaintiff paid KRW 100 million as security deposit to B on June 23, 2009 under the instant contract 1.

The plaintiff on May 6, 2010 and its operation: Provided, That the business registration name was "G".

The restaurant in the Gwangju Mine-gu E is a hospital which is entrusted and operated with respect to the restaurant in the Fvalescent Hospital located in the Gu.

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