중재판정취소청구
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons why this Court uses this part of the underlying facts are as follows, and the reasons why this Court has used this part are as stated in the part of “1. Basic Facts” among the reasons for the judgment of the first instance except for the dismissal of the corresponding part as follows. As such, this is cited in accordance with the main sentence of Article 420 of the
The second sentence of the first instance court's decision "2,98,570,000 won" shall be "2,98,570,000 won".
B. On February 4, 2016, the fourth and fourth instances of the first instance judgment, “The Plaintiff appealed against B as Seoul High Court 2015Na2014943 (Evidence No. 3),” and “B, the Plaintiff appealed as Seoul High Court 2015Na2014943 (Evidence No. 3), but the appeal was dismissed on February 4, 2016 (Evidence No. 16). Meanwhile, the Plaintiff appealed against the said judgment, but on April 4, 2016, the appeal was dismissed (Evidence No. 17).”
(c) the fourth sentence of the first instance judgment “2014” in the fourth sentence of the first instance judgment is “2015”;
Part 4 of the first instance court's decision "Nos. 1, 3, and 11" is "No. 1, 3, 11, 16, and 17".
2. Determination as to the cause of action
A. The grounds for use of this part of the Plaintiff’s assertion are as follows: “The instant arbitral award was made in spite of the absence of an agreement between the Plaintiff and the Defendant to resolve the dispute by arbitration”; “The instant arbitral award was made without agreement between the Plaintiff and the Defendant to resolve the dispute by arbitration (which was made without the method of arbitration as stipulated in Article 8(1) of the Arbitration Act).” However, the reasoning for the judgment of the first instance is the same as the corresponding part of the grounds for the judgment of the first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
B. The reason why this Court uses the relevant provision is as stated in the corresponding part of the reasoning of the judgment of the court of first instance. Therefore, it is without merit in accordance with the main sentence of Article 420 of the Civil Procedure Act.