1. The instant lawsuit shall be dismissed.

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

Plaintiff’s assertion

On March 27, 2014, the Plaintiff entered into a technology transfer agreement with the Defendant on low temperature pressure so that it was concluded by deception, the Defendant’s employee, and thus, revoked the contract, and accordingly, did not have any obligation to pay technology transfer fees under the contract of this case secured by each guarantee insurance contract as stated in the separate sheet, and sought confirmation of the non-existence of such obligation.

Judgment on the lawfulness of the instant lawsuit

A. As to this, the Defendant asserted that the instant contract contains the exclusive arbitration agreement, and thus, the instant lawsuit, which was filed against the agreement, is unlawful as there is no interest in the lawsuit.

B. Article 9(1) of the Arbitration Act provides that “If a lawsuit is brought in respect of a dispute which is the subject matter of an arbitration agreement and the defendant raises a defense that the mediation agreement exists, the court shall dismiss the lawsuit.”

On the other hand, an arbitration agreement becomes effective when the parties concerned agree in writing to settle all or part of a dispute which has already occurred or may arise in the future by arbitration, not by a court ruling, on the other hand, since the specific arbitration clause is deemed effective as an arbitration agreement, it shall be determined by comprehensively taking into account the specific circumstances, such as the concept of arbitration as provided by the Arbitration Act, the nature or method of the arbitration agreement, etc.

(see, e.g., Supreme Court Decision 2004Da42166, Nov. 11, 2004). Such arbitration agreement has its effect not only on the contract itself with the statement of arbitration clause, but also on a dispute directly related to the formation, implementation, and existence of validity of the contract or on the dispute closely related thereto.