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(영문) 서울고등법원 2015.06.12 2014나2036274
중재판정취소의 소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

The plaintiff is a legal entity established in accordance with Indonesia law.

The defendant is a corporation established by the law of the Republic of Korea for the purpose of manufacturing and selling various vehicles, parts, etc.

On June 16, 2006, the Plaintiff and the Defendant concluded, respectively, a sales contract (Distisorship A, hereinafter “instant sales contract”), parts supply contract (Sup; hereinafter “instant parts supply contract”) and technology license contract (hereinafter “Tech Loan contract”) with the content that the Plaintiff sells, assembles, or sells the automobiles, parts, etc. manufactured by the Defendant in Indonesia (hereinafter “instant sales contract”), and all of the aforementioned contracts together.

In each of the instant contracts, it is interpreted in accordance with the laws of the Republic of Korea, and the disputes related to contracts, such as performance of contracts, breach of contracts, etc., or arising from contracts are prescribed as arbitration by the Korea Commercial Arbitration Board.

The defendant of the sales contract of this case grants the plaintiff the right to exclusively sell commercial cars, parts, etc. produced by the defendant in Indonesia.

The contract period shall be extended by one year, unless a party notifies the other party of his/her intention to terminate the contract in writing at least six months before the contract is concluded.

The Defendant supplied the Plaintiff with half-finished parts, etc. to assemble the License Products.

The contract period shall be extended by one year, unless either party notifies the other party of his/her intention to terminate the contract in writing at least nine months before the contract is concluded.

Design and design of semi-finished parts imported by the Plaintiff from the Defendant and parts manufactured in Indonesia by the Plaintiff in the technical license agreement.

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