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(영문) 서울중앙지방법원 2016.10.21 2016가합521728
채무부존재확인
Text

The Defendant’s main defense to the safety is not acceptable on the ground that an arbitration agreement exists between the Plaintiffs and the Defendant.

Reasons

1. The Plaintiffs, among “Ulsan to Pusan and Puan Port 7 Section Construction Works for Construction Work for Construction Work for Construction Work from Pusan to Puan Port 7 Sections, the Plaintiffs entered into a subcontract with the Defendant on February 27, 2013 (hereinafter “instant subcontract”), and Article 31 of the Terms and Conditions for the Subcontract of Construction Work, which is a part of the terms and conditions of the said contract, “A (referring to the Plaintiff.) and B (referring to the Defendant.)” and “B (referring to the Defendant.)” shall enter into a mutual agreement if there is any dispute in the interpretation of the terms and conditions not specified in this contract and individual contract, and if there is no material in writing, it shall be resolved through mutual consultation. ② If the agreement under paragraph (1) is not reached, a construction dispute mediation committee under Article 69 of the Framework Act on the Construction Industry, or a subcontract dispute mediation council under Article 24 of the Fair Transactions in Subcontracting Act, etc., or an arbitration agency established by other Acts and subordinate statutes.”

(hereinafter referred to as “instant contract clause”). 【Ground of recognition】 The fact that there is no dispute, entry of Gap’s No. 2 (including virtual number), the purport of the whole pleadings.

2. Judgment on the defendant's main defense of safety

A. The plaintiffs and the defendant asserted that they agreed to arbitration through the contract clause of this case. Thus, the dispute under the subcontract of this case must be resolved according to the arbitration procedure as stipulated in the above provision.

Therefore, the lawsuit of this case by the plaintiffs seeking confirmation of non-existence of the obligation for construction price under the subcontract of this case shall be dismissed as it is unlawful and unlawful.

(b) The award agreement shall take effect by entering into force in writing so that all or part of the disputes which have already occurred or may arise in the future between the parties to the legal relations under the private law can be settled by arbitration, not by the court ruling.

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