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(영문) 대법원 2018.07.26 2017다225084
집행판결
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. Review of the reasoning of the first instance judgment partially admitted by the lower court and the record reveals the following facts.

1) The Plaintiff is the United States of America (hereinafter “U.S.”).

(2) The Plaintiff and the Defendant concluded a contract by means of exchanging proposals, orders, etc. by e-mail while engaging in a remote transaction in 2010, and performed walp supply and payment in accordance with the terms and conditions of the contract.

On February 2, 2010 and April 2010, the Plaintiff traded in kind to the Defendant with the supply of head of head of head of head of head of head of head of head of head of the Si/Gun/Gu on two occasions.

3) The Plaintiff’s annual quantity proposal (hereinafter “instant proposal”) dated March 19, 2010, which had existed between two times, is deemed as the Plaintiff’s annual amount proposal (hereinafter “instant proposal”).

(2) On the part of the Plaintiff, the Plaintiff is deemed to have entered into the head supply contract (hereinafter “instant contract”).

On the other hand, the Defendant asserted that the contract of this case was established by expressing his intent not to be supplied with the head on August 27, 2010. (B) The content of the Plaintiff’s lawsuit brought by the Plaintiff was against the Defendant in the following three order: (i) the International Court of Arbitration of the International Commerce International Court of Arbitration (hereinafter referred to as the “International Court of Arbitration”) brought by the Plaintiff; (ii) the Plaintiff requested the Defendant to compensate for damages incurred by failure to perform the contract of this case; and (iii) filed a lawsuit against the Defendant.

The application for arbitration is to seek a judgment of execution in the U.S. court on the arbitral award of the International Arbitration Court, and to seek a judgment of execution in the Korean court on some of the arbitral awards of the International Arbitration Court and the judgments of the U.S. court.

The plaintiff is an arbitral award by the International Court of Arbitration and a U.S. court.

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