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(영문) 서울남부지방법원 2014.12.12 2014가합8371
중재판정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a representative of “Bconsium” organized to run a 4 mobile communications business with the permission of the Korea Communications Commission under the Telecommunications Business Act (hereinafter “instantconsium”).

B. On September 8, 2011, the Plaintiff entered into a business agreement with the Defendant to provide technical assistance, etc. to the instant consortium, and the said business agreement stipulates that, in the event that a dispute arises between the parties and fails to settle, the agreement would be resolved according to the arbitral procedures of the Korea Commercial Arbitration Board (hereinafter “Korea Commercial Arbitration Board”).

C. On September 14, 201, the Plaintiff and the Defendant invested KRW 200,000 in the instant consortium and entered into an investment commitment to accept KRW 40,000 of the instant consortium’s shares in return.

As the consortium of this case did not obtain a license for a common telecommunications business operator, all of the above business agreements and investment commitments were terminated. Accordingly, the Defendant filed an application with the Plaintiff for arbitration claiming the return of the investment amount with the Korea Commercial Arbitration Board on June 11, 2014, and issued an arbitral award with the Plaintiff to pay to the Defendant 197,000,000 won and the amount calculated at the rate of 5% per annum from January 1, 2012 to June 11, 2014, and 20% per annum from the next day to the day of complete payment.

(hereinafter “instant arbitral award”). [The grounds for recognition] . [In the absence of dispute, each entry of Gap evidence Nos. 1, 2, 4, and 5 (including serial numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Determination as to the cause of claim

A. The Plaintiff’s assertion 1 and the parties to the instant agreement are not the Plaintiff, but the instant agreement. The Plaintiff entered into the said agreement and investment agreement on behalf of the instant agreement on behalf of the instant agreement, and thus, the parties to the arbitration agreement contained in the said agreement are also the Plaintiff.

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