logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.01.14 2014가합44753
집행판결
Text

1. An incorporated association between the Plaintiff and the Defendant with respect to the Korean Commercial Arbitration Case No. 1411-084.

Reasons

1. Basic facts

A. On December 9, 2013, the Plaintiff received a subcontract from the Defendant for C Elementary School M&D (hereinafter “instant subcontracted”) in the cost of construction at KRW 27,500,000 (including value-added tax).

B. Around January 8, 2014, the Plaintiff completed the instant subcontract construction, and the Defendant paid KRW 22,000,000 to the Plaintiff out of the construction cost of the instant subcontract until January 29, 2014.

C. On February 25, 2014, the Plaintiff:

3. On April 2, 200, the Plaintiff filed an application for arbitration with the Korea Commercial Arbitration Board (hereinafter “Korea Commercial Arbitration Board”) around April 29, 2014, claiming that the instant subcontract price was KRW 29,500,000,000 due to the additional construction works, and that the Defendant would demand the Defendant to pay the unpaid construction price of KRW 7,50,000. The Plaintiff filed an application for arbitration with the Korea Commercial Arbitration Board (hereinafter “Korea Commercial Arbitration Board”).

On July 9, 2014, the Tribunal rendered an arbitral award as shown in the attached Form stating that “the Defendant shall pay the Plaintiff KRW 7,500,000 and interest thereon at a rate of 6% per annum from March 10, 2014 to the date of full payment” (hereinafter “instant arbitral award”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination as to the cause of action

(a) The enforcement of an arbitral award shall be made by the judgment of execution by the court, and the arbitral award made in the Republic of Korea shall be enforced unless there is a ground under Article 36(2) of the Arbitration Act, and Article 36(Action for Revocation of an Arbitral Award) of the Arbitration Act (2) The court may set aside the arbitral award only in any of the following cases:

1. The party making the application proves that:

(a)the parties to the arbitration agreement shall be governed by the applicable law;

arrow