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Reasons
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(영문) 서울중앙지방법원 2018.01.23 2016가합580574
중재판정취소의 소
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company established at Vietnam around 2008 at 51% of Vietnam’s capital and 49% of foreign capital for the purpose of running a building project in Vietnam. The Defendant is a company established at Vietnam around June 2012 for the purpose of manufacturing Handphonephones.

1. The name of the contracting project: Construction of a new construction project (including design, construction, and supervision) by the NGHE N BES Factory;

2. Place of construction: Zoneone Cone-Nam Amst Z to long beng, southest Z (the Southern Chewing Complex in Vietnam);

3. Period: From July 1, 2012 to February 28, 2013;

4. Contract amount: US$4,356,650 (excluding value-added tax) and Article 25 (Settlement, etc. of Objection and Dispute) (1) The plaintiff and the defendant shall comply with matters not specified in this contract and individual contracts or with other written data, if any, and if there is no data, they shall be resolved by mutual agreement in writing.

(2) The applicable law of this contract and subsequent agreement concerning this contract shall be the law of the Republic of Korea.

3. If the agreement under paragraph (1) of this Article is not reached, the arbitration shall be settled at the Korean Commercial Arbitration Board of the Republic of Korea by arbitration in accordance with the arbitration rules established by the KCAB, and the arbitration shall be final binding.

Article 26 (Other) (1) This Agreement shall be drawn up in Korean language and Vietnam respectively.

(2) If a contract made in the Korean language and Vietnam language conflicts with each other or conflicts arise in the interpretation of a contract, the Korean language shall prevail.

B. On June 18, 2012, the Plaintiff entered into a collective contract for the design and construction of the Defendant’s factory with the Defendant, with the content that the Plaintiff would build the Defendant’s factory in the Southern Chewing Complex Corporation (hereinafter “instant contract”).

Of the contents of the instant contract, the part relating to the instant case is as follows.

C. As the Plaintiff failed to complete construction works under the instant contract by February 28, 2013, the period of construction under an agreement with the Defendant is up to June 30, 2013.

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