logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.11.26 2020가단24838
집행판결
Text

1. As to the case of arbitration D between the Plaintiff and the Defendant, the arbitral tribunal of the C Institution is limited to June 14, 2019.

Reasons

1. The following facts are acknowledged in light of the purport of the entire pleadings in the statement No. 1 of the acknowledged facts.

A. On October 24, 2018, the Plaintiff entered into a development agreement with the Defendant for the production of web site protruding (hereinafter “instant agreement”).

B. On October 24, 2018, the Plaintiff paid KRW 3,410,00 to the Defendant with the primary payment under the instant contract. On October 24, 2018, the Defendant prepared and submitted to the Plaintiff a letter of guarantee for performance of an advance payment that promises to return all the advance payments paid in the event that the Defendant fails to faithfully perform contractual obligations as to KRW 3,410,000, which was received as the primary payment, as above.

C. The Defendant failed to complete the development by December 24, 2018, which is the date of completion of the secondary business under the instant contract, and on January 16, 2019, the Plaintiff notified the Defendant of the termination of the instant contract on the grounds of the Defendant’s nonperformance of obligations.

Since then, the Plaintiff filed an application for arbitration seeking the payment of damages incurred to the Plaintiff due to the Defendant’s nonperformance of its obligations, including the return of the first payment that was made in advance against the Defendant as C agency arbitration D on the ground that the instant contract had been terminated due to the Defendant’s fault.

E. On June 14, 2019, the CArbitral Tribunal rendered an arbitral award with respect to the Plaintiff’s above arbitration claim (hereinafter “instant arbitral award”).

2. According to the above findings of the determination as to the cause of the claim, compulsory execution based on the arbitral award of this case shall be permitted pursuant to Articles 38 and 37(1) of the Arbitration Act unless there are grounds for revocation of the arbitral award under Article 36(2) of the Arbitration Act.

3. The defendant's assertion as to the defendant's assertion is unfair, and the defendant's claim for the termination of the contract of this case was almost completed, and the plaintiff's claim that the whole amount of the developed amount should be refunded.

arrow