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(영문) 부산지방법원동부지원 2015.11.12 2014가합4124
보증채무금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 245,673,383, and Defendant B Co., Ltd. with respect thereto from November 18, 2014.

Reasons

1. Basic facts

A. On February 28, 2014, the Plaintiff entered into a contract with the operator of a restaurant and a kitchen in the D Hospital located in Chungcheongnam-gun E Hospital (hereinafter “instant hospital”) with a medical corporation D Hospital (hereinafter “D Hospital”) (hereinafter “instant contract”), and the main contents thereof are as follows.

At the time of the instant contract, the Defendants affixed their seals as joint and several guarantors of the instant hospital.

The term of entrustment contract: the entrusted operation deposit from March 1, 2014 to February 28, 2017: The plaintiff under Article 2 (unit price) of the daily fee set shall provide meals to the instant hospital as a single restaurant per patient and staff member, with the daily fee of KRW 2 (unit price).

Provided, That where an additional tax arises, it shall be separately imposed.

In addition, due to the employment of dietitians and cooks, the hospital of this case shall be allocated 60% and the plaintiff shall be allocated at the ratio of 40% to profits except for personnel expenses when additional dues accrue.

Article 3 (Methods of Settlement) The Plaintiff shall calculate the total number of days on the last day of each month and request the instant hospital to deposit the instant hospital into the account designated by the Plaintiff by the end of the following month as of the date of request.

Article 4 (Deposit for Entrusted Operation) (1) The Plaintiff shall deposit this contract into the account designated by the instant hospital at the same time with the conclusion of this contract.

② The instant hospital shall return the entrusted operation deposit to the account designated by the Plaintiff immediately after the termination or termination of the instant contract.

③ The instant hospital is jointly and severally liable for the entrusted operation deposit and the amount claimed by the Defendants.

B. According to the instant contract, the Plaintiff operated a restaurant and a kitchen of the instant hospital, provided meals to employees and patients as of the end of each month, and claimed the amount of meal costs from March 1, 2014 to August 31, 2014. The amount claimed for meal costs is KRW 321,673,383, and the amount which was not paid by the instant hospital is KRW 245,673,383.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 3 (including branch numbers, hereinafter the same).

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