중재판정취소
1. All appeals filed by the Counterclaim Plaintiff are dismissed.
2. The costs of appeal shall be borne by the Counterclaim Plaintiff.
purport, purport, and.
1. The reasoning for this part of the facts of recognition is as follows, and this part of the reasoning of the judgment of the first instance is the same as that of the corresponding part of the reasoning of the judgment, and thus, it is accepted by the main sentence of Article 420
In the first instance judgment, 3 pages 16 of the 16th judgment "a person who is delegated" is regarded as "a person who is entrusted".
The 11th letter of “a letter of agreement” in the first instance judgment shall be regarded as a “a letter of guarantee.”
2. The assertion and judgment
A. 1) The domestic arbitration rules established by the KCAB by the KCAB (hereinafter “ arbitration rules”)
Article 3 Article 3 provides that “If the parties have agreed in writing to proceed with the arbitration under the Arbitration Rules, or the parties have agreed in writing to resolve the dispute by arbitration of the Korean Commercial Arbitration Board, the arbitration rules shall apply in the case of a domestic arbitrator. In this case, the arbitration rules shall form a part of the arbitration agreement.” In so far as the parties have agreed in writing to resolve the dispute between the non-resident who is a national and the counter-party by arbitration of the Korean Commercial Arbitration Board, the content of the arbitration rules per se shall be referred to in Article 36(2)1 of the Arbitration Act.
The term "agreement between the parties on the arbitration procedure" as set forth in item (a) is deemed to constitute "agreement between the parties."
However, according to Articles 11 and 12 of the Arbitration Rules applicable mutatis mutandis under Article 16(3) of the Arbitration Rules, where “written statement on the purport of the application and the change of the cause of the application” is submitted, the respondent may respond within 15 days from the date of receipt of the relevant written statement. However, even if the counterclaim receives the “written application for change of the purpose of the application and the cause of the application” of the counterclaim Defendant at the 8th hearing which is the final hearing date of the instant arbitral proceedings, the arbitral tribunal, without giving the counterclaim an opportunity to respond to the “written application for change of the purpose of the application and the cause of the application,” immediately ends the hearing without promptly closing the hearing.