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某公办幼儿园的长年合作企业甲公司在一经济往来中签署协议时,对方(乙公司)要求提供担保单位,甲遂请幼儿园提供担保,甲同时向幼儿园出具了一份书面承诺,内容大概为只需幼儿园帮忙完善一下手续,双方若有纠纷,幼儿园不承担责任。考虑到甲系自己的常年合作伙伴,资信很好,并且出具了书面承诺,幼儿园遂在甲乙合同的“担保方”一栏中签字盖章。后甲乙双方在合作过程中,因甲的过失给乙造成重大损失。乙遂将甲告上法庭,同时要求幼儿园承担连带责任,幼儿园认为甲公司已向自己出具了书面承诺,且自己也未参与甲乙的合作,故责任应由甲承担,与已无关。
When a company with a long-term cooperative enterprise in a public kindergarten signed an agreement in an economic transaction, the other party (Company B) demanded to provide a guarantee unit. The company then asked for a guarantee from the kindergarten, and at the same time, issued a written commitment to the kindergarten Just kindergarten to help improve the procedure, if both disputes, kindergarten does not assume responsibility. Considering Jiafen own perennial partners, credit is good, and issued a written commitment, kindergarten in the contract A “guarantor” column signed and sealed. After both A and B in the process of cooperation, due to a negligence to B caused significant losses. Party A then sued court, also asked kindergarten to assume joint and several liability, kindergarten that Company A has issued a written commitment to himself, and they themselves did not participate in the cooperation of A and B, it should be borne responsibility, has nothing to do with.