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(영문) 서울중앙지방법원 2017.07.06 2016가합577752

중재판정 취소의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) On July 2009, the Plaintiff entered into the instant subcontract, etc. (hereinafter “the Plaintiff”) as the Babar (hereinafter “the Babar”).

(3) On June 21, 201, the Defendant and the instant construction work performed to repair and build oil refineries plants in the Algery area (hereinafter “instant construction”). On June 21, 201, the Defendant and the instant construction work performed to install the Bom-micks (hereinafter “the instant construction”).

(3) As to the term of the contract with respect to the instant subcontract, the term of the contract is determined from June 21, 2011 to June 30, 2012 (hereinafter “instant subcontract”).

(2) The term of the instant subcontract was extended once until December 31, 2012, and the term of the instant subcontract was extended once again until June 30, 2013, and the Defendant completed the instant construction work on or around June 30, 2013. Meanwhile, after the completion of the instant construction work, the Plaintiff and the Defendant concluded a modified contract to extend the term of the contract by June 30, 2014 for the convenience of business administration by July 2013, 2013. (2) The Plaintiff paid USD 13,080,861 to the Defendant as the construction price of the instant subcontract.

3) Meanwhile, in order to obtain approval from the ordering authority as to the subcontract price of this case, the Plaintiff’s performance report on the instant Bohion Corporation (hereinafter “the instant performance report”).

A) Around January 27, 2016, the ordering authority prepared and submitted it to the ordering authority. Around January 27, 2016, the ordering authority finally approved the instant Bodo Construction Costs as USD 10,745,962. B. The instant arbitral award 1) The Plaintiff and the Defendant, on August 3, 2015, concluded an arbitration agreement with the Korean Commercial Arbitration Board (hereinafter referred to as the “instant arbitration agreement”) stating that all disputes related to the instant subcontract shall be resolved by arbitration in accordance with the domestic arbitration rules of the Korean Commercial Arbitration Board, and that equality and good faith shall not be the standard of judgment (hereinafter referred to as the “instant arbitration agreement”).

2. On the premise that, around December 2015, the Defendant’s payment of construction cost under the instant subcontract was USD 15,64,896 against the Plaintiff as the Korea Commercial Arbitration Board No. 1511-0565, supra.