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(영문) 서울중앙지방법원 2016.12.22 2016가단34777
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 68,101,483 and the interest rate of KRW 8.7% per annum from March 29, 2016 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff supplied clothing to the Defendant from April 27, 2010.

B. On March 25, 2013, the Plaintiff and the Defendant drafted a written agreement stating that “The process of resolving the problem in question shall be entrusted to the Chinese International Arbitration Commission and shall consent to the law of the People’s Republic of China by mutual agreement.”

(hereinafter “instant arbitration agreement”). On April 22, 2013, the Plaintiff filed an application for arbitration with the Defendant for the amount of unpaid clothing payment (SG2013029 of the Arbitration Case) with the Superior International Trade and Trade Arbitration Committee (hereinafter “SG2013029”).

C. On March 25, 2014, the Superior Arbitration Commission rendered an arbitral award with the following content (hereinafter “instant arbitral award”).

1) The Defendant pays USD 389,755.93 to the Plaintiff. 2) The Defendant compensates the Plaintiff for the attorney’s fee paid by the Plaintiff as the instant case to the People’s Republic of China.

3) The Defendant shall pay the Plaintiff the People’s Republic of China’s 29,765.10 note to the Plaintiff at its arbitration expense. 4) As to the above ruling, the Defendant must complete payment within 15 days from the date of determination to the Plaintiff.

In accordance with the instant arbitral award, the Defendant paid only US$150,00 as part of the price for the goods and did not pay the remainder of the payment to the Plaintiff. On May 14, 2014, the Plaintiff filed a lawsuit against the Defendant on May 14, 2014 by the Seoul Central District Court 2014Gahap25615.

On December 11, 2015, “The enforcement based on the instant arbitral award made by the Superior Arbitration Commission on March 25, 2014 with respect to the Arbitration Case No. SG2013029 between the Plaintiff and the Defendant” is to the extent that “the Defendant pays to the Plaintiff the amount of the goods, USD 239,755.93, USD 150,000, the cost of attorney-at-law paid by the Plaintiff, USD 60,000, the cost of attorney-at-law paid by the Plaintiff, and KRW 29,765.10, respectively, the cost of arbitration borne by the Plaintiff.”

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