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(영문) 서울중앙지방법원 2015.06.02 2015가단1664 (1)
집행판결
Text

1. As to the claim for the construction cost of Korea Commercial Arbitration Act No. 1411-0161 between the Plaintiff and the Defendant.

Reasons

1. Determination as to the cause of claim

A. (1) On April 21, 2014, the Plaintiff entered into a contract with the Defendant for construction works within a gallonum room (hereinafter “instant contract for construction works”). On July 4, 2014, the Plaintiff agreed to resolve disputes in the event of the failure to pay the remainder of construction works in the future by preparing a statement of the payment for construction works on July 4, 2014 (hereinafter “Korea Commercial Arbitration Board”) with the Korea Commercial Arbitration Board (hereinafter “Korea Commercial Arbitration Board”).

(2) The Plaintiff filed an application for arbitration seeking payment of the construction cost under the instant construction contract with the Korea Commercial Arbitration Board No. 1411-0161. On December 30, 2014, the Korean Commercial Arbitration Board rendered an arbitral award as shown in the attached Form stating that “The Defendant shall pay to the Plaintiff KRW 24,418,000 and the amount calculated by the rate of 6% per annum from September 3, 2014 to December 30, 2014, and 20% per annum from the next day to the date of full payment” (hereinafter “instant arbitral award”).

[Ground of recognition] Facts without dispute, Gap 1's entry, purport of the whole pleadings

(b) An arbitral award made within the territory of the Republic of Korea shall be approved or enforced unless there is a ground under Article 36(2) of the Arbitration Act, provided that there is no ground under Article 36(2) of the Arbitration Act. Thus, the arbitral award in this case shall be approved and compulsory execution based thereon shall be permitted.

2. Receipt of the Plaintiff’s claim for conclusion

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