계약부존재확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff filed a claim, around February 2012, the plaintiff had a negotiation with the defendant to conclude a contract to purchase the ship of this case. However, the plaintiff did not reach a conclusive agreement on the terms of the contract of this case between the plaintiff and the defendant, and the contract of this case was not prepared, and thus, the plaintiff did not establish the contract of this case. Accordingly, the plaintiff asserted that the contract of this case was not concluded and sought confirmation of the non-existence
2. Determination on the legitimacy of the instant lawsuit
A. On the premise that the contract of this case was duly established, the Defendant’s main defense was based on an arbitration agreement that “a dispute concerning the contract shall be resolved through the arbitral proceedings conducted by the Maritime Arbitration Committee at east, which is the content of the agreement,” and the actual arbitral award thereon has become final and conclusive, the Plaintiff’s lawsuit of this case disputing the validity of the contract of this case is unlawful as it was filed in violation of the arbitration agreement.
B. In full view of the arbitration clause and the parties’ assertion 1) the statement and the purport of the evidence No. 7 of the arbitration clause and the entire argument, the Defendant’s signature requested to the Plaintiff on February 28, 2012, on the grounds that the contract was concluded.
제15조에는'This agreement shall be governed by and construed in accordance with Japanese law and any and all disputes arising out of or in connection with this agreement shall be submitted to arbitration held in Tokyo at the Tokyo Maritime Arbitration Commission("TOMAC") of The Japan Shipping Exchange, Inc. in accordance with the Rules of TOMAC and any amendments thereto, and the award given by the arbitrators shall be final and binding on both parties 이 사건 계약은 일본법의 적용을 받고 그에 따라 해석되어야 하며, 이 사건 계약과 관련하여 발생하는 모든 분쟁은 동경해사중재위원회 규칙과 그 개정규칙에 부합되게...