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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. On July 11, 2014, the Plaintiff entered into a construction contract with C Co., Ltd. (hereinafter “C”) as between KRW 100,000,000 of the construction cost (excluding value-added tax; hereinafter the same shall apply) and the construction period from July 14, 2014 to August 14, 2014 with respect to the remodeling works of the DMomoel’s software operated by the Plaintiff.
At the time C agreed to waive the construction work and compensate the plaintiff for damages if the construction is suspended for at least five days after the commencement of the construction work.
The Plaintiff paid the construction cost of KRW 50,000,000 in total from July 11, 2014 to August 4, 2014.
B. On August 12, 2014, C requested the Plaintiff to pay additional construction cost of KRW 60,000,000 without properly proceeding with construction works under the construction contract, and the Plaintiff refused to pay additional construction cost.
C On August 20, 2014, the Korea Commercial Arbitration Board (Korean Commercial Arbitration Board No. 1411-0162) filed an application for arbitration (Korean Commercial Arbitration Board No. 1411-0162) with the Plaintiff on September 26, 2014 (Korean Commercial Arbitration Board No. 1411-0189).
C. On March 11, 2015, the Korean Commercial Arbitration Board rendered an arbitral award (hereinafter “instant arbitral award”) in the same manner as the written arbitral award on March 11, 2015, designating the applicant as the Defendant and the respondent as the Plaintiff.
However, the arbitral award of this case should be set aside in the following respect.
① During the arbitral proceedings, C filed an application for change in the name of the applicant, asserting that the name of the applicant was changed. The Korea Commercial Arbitration Board accepted the application and rendered an arbitral award against the applicant as the defendant.
However, since the defendant and C are separate corporations, the arbitral award made by the applicant as the defendant is unfair.
(2) Since the total construction cost of a remodelling project is KRW 169,00,000 in total and the additional construction cost is KRW 118,386,00 in total and is equivalent to KRW 118,386,00 in total, C shall be entitled to the remainder of 80,240,000 in total, excluding KRW 50,000 in the previous construction cost.