1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 29, 2013, the Plaintiff entered into a contract under which the Plaintiff would grant the Defendant a domestic sales right to the package boxes of agricultural and fishery products the Plaintiff produced (hereinafter “instant agreement”).

B. On June 2, 2014, the Defendant filed an application with the Busan International Financial Resources Board for arbitration No. 14211-0019 of the arbitration seeking damages due to the Plaintiff’s default on the instant agreement with the Busan International Financial Resources Board. On December 11, 2014, the Busan International Financial Resources Board rendered an arbitral award stating that “the Plaintiff shall pay to the Defendant 8,400,000 won and the amount equivalent to 6% per annum from June 28, 2014 to the delivery date of the written arbitral award, and 20% per annum from the next day to the date of full payment” (hereinafter “instant arbitral award”).

[Grounds for recognition] The items of evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. The plaintiff's assertion

A. According to Article 11 and Article 30 of the Arbitration Act, the arbitral tribunal shall be composed of three arbitrators unless agreed by the parties. However, since the arbitral award in this case was made by a single arbitrator without agreement between the plaintiff and the defendant, the arbitral tribunal shall be revoked on the ground that the party seeking the revocation of the arbitral award in this case was not notified of the appointment of the arbitrator or the arbitral proceedings, or was unable to present the case on other grounds.

B. The arbitral award of this case, which states that the Plaintiff did not violate the agreement of this case and that the Defendant would pay KRW 8,400,000 to the Defendant even though the Plaintiff was the victim due to the Defendant’s nonperformance of the agreement of this case, was erroneous due to mistake of facts or incomplete hearing, and that it constitutes a violation of good customs or other social order of the Republic of Korea under Article 36(2)2 (b) of the Arbitration Act, should be revoked.

3. Determination

A. Determination Nos. 1, 3, and 6 on the assertion of procedural violation