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(영문) 서울중앙지방법원 2015.12.11 2014가합25615
집행판결
Text

1. The case of arbitration between the plaintiff and the defendant of the superior international economic trade arbitration committee (or the superior international arbitration center).

Reasons

1. Facts of recognition;

A. The Plaintiff is a Chinese legal entity located in the People's Republic of China (hereinafter referred to as "China"), which engages in the export and import of cargo, technology, etc., and the Defendant is a Korean legal entity that engages in the sale of textile products and textile products.

B. From April 27, 2010, the Defendant purchased the clothing from the Plaintiff (hereinafter referred to as “instant clothing sales contract”) and the Plaintiff filed an application for arbitration with the World Trade and Arbitration Committee (hereinafter referred to as the “instant Committee”) on April 22, 2013, following the occurrence of disputes regarding the unpaid clothing payment.

On March 25, 2014, the instant commission accepted the Plaintiff’s application for arbitration and rendered an arbitral award with the same content as that stated in the separate sheet.

(2) On November 8, 2013, the instant arbitral award was initiated at the location of the instant committee, but the Defendant did not appear without designating the number of attendance, and the said committee did not appear in accordance with Article 34(2) of the Arbitration Rules of the Chinese Economic and Trade Arbitration Arbitration Committee.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Article 2 of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards concerning the Plaintiff’s Claim

1.Each Contracting State shall authorize written agreements, whether in the nature of the contract or not, between the Parties, between the Parties to the agreement to refer to arbitration all or part of a dispute which has occurred or may arise in connection with a particular legal relationship concerning matters which can be resolved by arbitration.

2. The term "agreement in writing" means an agreement or transfer signed or exchanged between the Parties.

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