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(영문) 인천지방법원 2017.09.21 2017나52712

집행판결

Text

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.

Reasons

Basic Facts

The plaintiff is a Chinese national limited corporation with the aim of designing, preparing, selling, repairing, and selling cars and machinery parts, etc. of metal machinery and engineering machinery. The defendant is a Korean national limited corporation with the aim of manufacturing and selling Arabic slaves.

On February 13, 2007, the Plaintiff entered into a contract number 200701 (hereinafter “instant contract on February 13, 2007”) with the Defendant to sell tank 2 (a model name BG50), 2 set and parts of measurement system 6,400,000 among the Defendant. According to the above contract on February 13, 2007, the Defendant was required to transfer the goods to the Plaintiff by telegraph within 10 days after the completion of inspection at a refining plant, 10% of the contractual amount to the Plaintiff.

On December 6, 2007, the Plaintiff and the Defendant entered into a contract number 201206 (hereinafter “instant strategic agreement”) with the Defendant to sell the tank BG60C and parts to 766,000 oil. According to the above contract, the Defendant was required to transfer 76,600 oil (10% of the contractual amount) to the Plaintiff via a telegraph transfer within 10 days after the Defendant received facsimile that the customer completed the examination at the clinic. The Plaintiff and the Defendant agreed to the strategic partner agreement between the Plaintiff and the Defendant on April 23, 2008, the Plaintiff and the Defendant concluded a contract number 201206 with the Defendant to sell the tank BG6,00 oil (hereinafter “instant strategic agreement”). Article 11 of the Chinese Economic Arbitration Commission referred the “instant agreement” to the Chinese Arbitration Commission for the purpose of arbitration in accordance with the Chinese Economic Rules.

(b)the decisions of these committees shall be considered to be final and binding upon both parties;

The arbitration fees shall be borne by one losing party, unless otherwise specified.

‘A' has been said.