1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning of the court's explanation concerning this case is the same as the part of the judgment of the court of first instance except for the following reasons. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In the part of the first instance court's order, the first instance court's order from the third to the sixthth court's order from the third to the fifth below.

Determination as to the existence of arbitration agreement; and

C. The part concerning the plaintiff's assertion is as follows.

B. An arbitration agreement with respect to the existence of an arbitration agreement is not limited to the case where the arbitration clause is not expressly stated in the agreement itself, but to the case where the parties refer to other documents, such as a general transaction clause that contain an arbitration clause, etc., and it is permitted so far as the parties are allowed to serve as the content of the agreement (see, e.g., Supreme Court Decision 96Da24385, Feb. 25, 1997). The arbitration agreement to which the Arbitration Act applies refers to an agreement between the parties to resolve all or part of a dispute that has already occurred or may occur in a certain legal relationship, regardless of whether it is a contractual dispute, and thus, the requirements of a valid arbitration agreement shall be satisfied, even if there is an express declaration of intent to resolve a future dispute through arbitration.

In addition, if such arbitration agreement exists, it is reasonable to see that all disputes arising from specific legal relations between the parties are resolved by arbitration unless there are special circumstances.

(see, e.g., Supreme Court Decision 2005Da74344, May 31, 2007; Supreme Court Decision 2010Da76573, Dec. 22, 2011). Arbitration agreement is directly related not only to the contract itself, but also to the formation, implementation, and validity of the contract.