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(영문) 서울중앙지방법원 2017.03.17 2016가합528323

중재판정 취소의 소

Text

1. As to the case No. 1511-0185 of the Arbitration of Korean Commercial Arbitration between the Plaintiff and the Defendant, the said Arbitration Board on April 7, 2016

Reasons

1. Basic facts

A. The defendant is a company that runs the business of importing and selling medical equipment and safety equipment.

Around March 15, 2011, the Plaintiff entered into an agency contract with the Defendant with the content that the Plaintiff would sell medical equipment supplied by the Defendant, but with the period until December 31, 2012. Since then, the Plaintiff entered into an agency contract with the same content as the annual contract term was one year. On March 12, 2014, the Plaintiff entered into an agency contract with the same content as the contract term was from January 1, 2014 to December 31, 2014 (hereinafter “instant agency contract”).

B. The defendant, with the exception of the part for specifying the parties, has prepared a printing and drawing up the agency contract with the entire text printed in the same vice language, used it at the time of concluding the agency contract with a number of agencies including the plaintiff, and "1. Contract products and sales area" in the back of the above contract;

2.Annual sales targets;

3. collateral and credit limits;

4. The trademark and trade name;

5. Standards for paying sales commission;

6. Criteria for the operation of devices for CEM;

7. Each agency contract includes the following arbitration clause (hereinafter referred to as “instant arbitration clause”). In the event of a dispute arising in connection with the instant contract under Article 25 (Dispute Settlement), the parties must settle the dispute friendlyly by mutual agreement after the occurrence of the dispute. If the dispute is not settled within 30 days after the occurrence of the dispute, the dispute shall be settled through arbitration in accordance with the arbitration rules in the Korean Commercial Arbitration Board in Seoul and the award shall be final and binding upon the parties. (c) On November 27, 2014, which is prior to the expiration of the period of the instant agency contract, the Defendant shall submit to the agency companies including the Plaintiff on November 27, 2014, a summary of information on sales performance, such as sales places, supply equipment, and proceeds.”