(영문) 서울중앙지방법원 2016.06.10 2015가합516149

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(영문) 서울중앙지방법원 2016.06.10 2015가합516149

집행판결

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1. An arbitrator on August 2014 with respect to the arbitration case between the Plaintiff and the Defendant for the Ireland International Arbitration Committee.

Reasons

1. Facts of recognition;

A. The status of the parties is a legal entity established under the laws of Ireland for the purpose of housing settlement services of the presiding official and corporate consulting thereon, and the defendant is a legal entity established under the laws of the Republic of Korea for the purpose of foreign company's consulting business of the presiding official.

(F) On June 2, 2008, the trade name of the Defendant was changed to Ss. S. S. Co., Ltd., Ltd. to the Defendant on April 15, 2013.

On March 18, 2008, the Plaintiff entered into a franchise agreement with the Defendant and the Plaintiff, the main contents of which provide the Defendant with the right to operate a license and a franchise store, and the contract contains the following provisions in relation to dispute resolution:

15.16 (Dispute Settlement)

a. In the event of any claim, dispute or debate, except in exceptional cases as defined below, the representative of the Parties must consult on an unsatisf-ce or similar method within 30 days of receipt by either Party of a written notice of the proposal by the other Party.

If a claim, dispute, or debate is not settled to the satisfaction of the Parties within 90 days after receipt of the written notice above, either Party may proceed as provided for in Section 15.16 (b) of this Agreement.

b. The Parties, on behalf of the Parties and persons filing a claim through the Parties, any dispute, debate or claim that has not been settled under Section 15.16 (a) of this Agreement arising in connection with the conclusion, interpretation, implementation, non-performance, termination or invalidation of this Agreement, or that is not settled under Section 15.16 (a) of this Agreement, shall be appointed only through the International Chamber of Commerce and Industry (hereinafter referred to as the “ICC”) arbitration in accordance with the Arbitration Rules, as far as it is appointed in accordance with

유사 판례

-서울중앙지방법원 2016. 6. 10. 선고 2015가합516149 판결

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