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(영문) 서울중앙지방법원 2015.04.14 2014가단5161434
집행판결
Text

1. The Korean Commercial Arbitration Board No. 1311-0148 (Korean Commercial Arbitration Board) between the Plaintiff and the Defendant is the Korean Commercial Arbitration Board.

Reasons

1. Facts of recognition;

A. On December 18, 2012, the Plaintiff entered into a contract with the Defendant for supply of the elevator 1 set forth as USD 55,000 and the due date on January 20, 2013 (hereinafter “instant contract”).

B. On December 18, 2012, the Plaintiff paid the Defendant a down payment of KRW 29,366,200 under the instant contract, but failed to receive the said elevator from the Defendant.

C. On April 1, 2014, the Korea Commercial Arbitration Board filed an application with the Defendant for the cancellation of the contract and the return, etc. of the down payment. On April 1, 2014, the Korea Commercial Arbitration Board rendered an arbitral award with the same content as the attached Form (However, the applicant is the Plaintiff and the respondent is the Defendant) as the Korea Commercial Arbitration Board No. 1311-0148.

(hereinafter referred to as “instant arbitral award”). [Grounds for recognition] Gap evidence 1, Gap evidence 2, and the purport of the whole pleadings.

2. The enforcement of a judgment on the cause of a claim shall be made by the judgment of execution by the court, and an arbitral award made in the Republic of Korea shall be enforced unless there is a ground under Article 36(2) of the Arbitration Act (Articles 37(1) and 38 of the Arbitration Act), and it is reasonable to authorize compulsory execution based on the arbitral award of this case, unless there are special circumstances.

3. The defendant's assertion argues to the effect that the defendant cannot respond to the claim of this case, since a significant portion of the manufacturing of the elevator after concluding the contract of this case with the plaintiff was completed, but the purpose of the elevator cannot be achieved with the plaintiff's recipient body.

The award is effective as it has the same effect as a final and conclusive judgment (Article 35 of the Arbitration Act), and any objection to the award may be raised only by filing a lawsuit for setting aside the award with a court.

(Article 36 of the Arbitration Act). However, according to the evidence No. 3, the defendant filed a lawsuit against the plaintiff on July 9, 2014 against the plaintiff.

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