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1. The Korea Commercial Arbitration Board No. 1411-063, an incorporated association between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On September 28, 2013, the Plaintiff entered into a construction contract with the Defendant and Chungcheongbuk-gun Cel (hereinafter “instant building”) with the construction period fixed from September 30, 2013 to November 31, 2013; and the construction cost fixed at KRW 50,000,000, and completed the said construction work around February 8, 2014.
B. The Defendant paid 401,015,000 won out of the above construction cost to the Plaintiff. Accordingly, the Plaintiff filed an arbitration claim against the Defendant for the remainder of the construction cost of KRW 148,985,00 and the additional construction cost of KRW 50,415,00 (Arbitration 1411-063).
C. Of the KCAB, KCAB rejected the Plaintiff’s claim for the additional construction cost as to the above arbitration case, and recognized KRW 70,000,000 out of the damage claim in lieu of the defect repair as claimed by the Defendant, the Defendant rendered an arbitral award as shown in the attached Form stating that the Plaintiff shall pay the Plaintiff the remainder of the construction cost set-off between the Plaintiff’s claim for the construction cost and KRW 70,000,000 from an equal amount (hereinafter “instant arbitral award”).
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Our argument and judgment
A. The plaintiff asserts that the plaintiff is entitled to compulsory execution based on the arbitral award of this case, and the defendant asserts that the arbitral award of this case should be revoked for the following reasons.
B. The defendant asserts that the ground for revocation under Article 36 (2) 1 (b) of the Arbitration Act exists, since the plaintiff had intentionally concealed the defects of the building of this case and the defendant could not present the case on the merits. Thus, the arbitral award of this case should be revoked by falling under Article 36 (2) 1 (b) of the Arbitration Act.
Article 36(2)1(b) of the Arbitration Act is to appoint an arbitrator by the party who seeks the annulment of the arbitral award.