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(영문) 서울중앙지방법원 2020.02.14 2019가합518785
중재판정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 26, 2012, the Plaintiff entered into a contract between the Plaintiff and the Defendant for the purchase of the total contract amount of KRW 63,80,000,000 (i.e., the final and conclusive amount of KRW 63,210,287,000, an interim amount of KRW 589,713,000, value-added tax separate), and the date of completion of the installation and execution (hereinafter referred to as “instant contract for the construction of this case”) with each of the Defendant for the purchase of coal handling facilities necessary for the construction of each G (hereinafter referred to as “instant contract for the construction of this case”).

(2) The instant construction contract was finally changed on eight occasions from February 17, 2014 to November 20, 2015, and finally, the Defendant’s completion date under the instant construction contract was changed to “ July 20, 2015.”

3) Meanwhile, Article 1.13 of the Act on the Settlement and Arbitration of Disputes (hereinafter “instant arbitration clause”) among the general provisions of the terms and conditions of the contract contained in the instant construction contract.

The contents of the decision are as follows, if the factual problem arising under this contract cannot be resolved by agreement between the parties to the contract, the matter shall be determined by the plaintiff. The decision shall remain conclusive if the defendant does not raise an objection to the plaintiff within 30 days of receipt of the plaintiff's notice of decision. If the defendant raises an objection to the plaintiff's decision and notifies the parties of the notice of dispute, the dispute shall be resolved by arbitration as provided for in this article.

However, if the plaintiff notifies, within 30 days from the date of receipt of the notice of dispute, that the dispute was selected to resolve the dispute by the legal proceedings of the court of the Republic of Korea in accordance with the laws of the Republic of Korea, the dispute shall, notwithstanding the provisions of this Article, be governed by the laws of the Republic of Korea in which the Seoul Central District Court is the competent court of the

1.13.2Any dispute arising between the Parties in connection with the contract shall be governed by the Arbitration Rules and B.

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