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(영문) 서울중앙지방법원 2017.06.15 2016가합575602

집행판결

Text

1. The Korea Commercial Arbitration Board No. 1512-004 (this application) and No. 1513-0028 (Counterclaim) between the Plaintiff and the Defendants.

Reasons

1. Basic facts

(a) 1) EEEX Heavy Industries Co., Ltd. (hereinafter referred to as “STX Heavy Industries”;

) On September 8, 2009, the company received a contract from Seel Compa for construction works, such as a steel plant, etc., in the South Cratia Economic City from the company, with the amount of USD 169,960,00,00 for the construction work cost, and on September 6, 2010, Defendant Cratia Co., Ltd. (hereinafter “Defendant Cratia”), Defendant Cratia (hereinafter “Defendant Cratia”).

(1) Of the above construction, machinery construction, including pipeline construction, the provision of support services for the commencement and performance test of the project among the inspection of the above construction, and the provision of human resources during trial operation, etc. (hereinafter “the instant construction”).

(C) the subcontract agreement is the subcontract agreement in which the amount of the construction work is determined to be USD 19,830,000 (hereinafter referred to as “the subcontract agreement in this case”).

(2) Defendant C&S Co., Ltd. (hereinafter “Defendant C&S”) and Defendant C&S Co., Ltd.

(2) In relation to the instant subcontract, the Plaintiff jointly and severally and severally guaranteed all the liability for damages arising from the Defendant’s non-performance of the contract. According to the instant subcontract, the Defendant obligation has commenced work at the same time with the conclusion of the contract, and completed the technical completion of the project within 13 months from the date of entry into force of the contract, and has to obtain preliminary approval within 16 months from the date of entry into force of the contract, and the Defendant obligation to work shall obtain final approval within 19 months. (2) The Defendant obligation to work for the instant construction commenced on September 6, 2010 and completed the technical completion from June to July, 2012, and obtained preliminary approval on October 2012.

3) On July 31, 2013, Defendant STX Heavy Industries transferred the claim of USD 4,647,519, which is part of the claim for the instant construction cost, to Defendant STX Heavy Industries, and notified the transfer of the claim to STX Heavy Industries on August 1, 2013 by means of a certificate with a fixed date fixed. (b) Arbitral award, etc.) STX Heavy Industries and the Defendants, on December 18, 2014, shall be governed by the law of the Republic of Korea as the governing law.