1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On January 25, 2013, the Plaintiff and the Defendant entered into a construction design service contract with the owner for new construction of the 225-4 Pung building in Busan-dong, Busan-dong, Busan-do (hereinafter “instant design service contract”). The Plaintiff entered into a construction design service contract with the owner for the Defendant, the designer, and the service amount of KRW 66,830,000 (hereinafter “instant design service contract”).

B. The Plaintiff filed an application with the Korea Commercial Arbitration Board for arbitration seeking payment of the service fees related to the instant design service contract with the Korea Commercial Arbitration Board No. 14211-0036, and the Korea Commercial Arbitration Board, an incorporated association, made an arbitral award on December 16, 2015 (hereinafter “instant arbitral award”), and the said arbitral award was served on the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. The enforcement of a judgment on the cause of a claim shall be made by the judgment of execution by a court, and the award made in the Republic of Korea shall be enforced unless there is a ground under Article 36(2) of the former Arbitration Act (amended by Act No. 14176, May 29, 2016; hereinafter the same shall apply).

(2) In light of the above legal principles, the enforcement of compulsory execution based on the instant arbitral award shall be permitted in accordance with Articles 38 and 37(1) of the former Arbitration Act, unless the Defendant asserts and proves that there is a reason to set aside the arbitral award under Article 36(2) of the former Arbitration Act.

B. Defendant’s assertion and determination 1) The Defendant asserts to the effect that compulsory execution based on the instant arbitral award should not be denied due to the significant violation of the procedure leading to the instant arbitral award, since it was not notified of the procedures for dispute conciliation by the Construction Dispute Conciliation Committee. Article 21 of the instant design service agreement (hereinafter “instant application for conciliation”).

)에서는 다음과 같이 규정하고 있다. ◎ 제21조(분쟁조정 ① 이...