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(영문) 서울중앙지방법원 2015.10.15 2014가단249506
집행판결
Text

1. The Korean Commercial Arbitration Board No. 1411-0113 between the Plaintiff and the Defendants is the Korean Commercial Arbitration Board.

Reasons

1. On November 16, 2010, the Plaintiff entered into a strategic business partnership agreement with Defendant B Co., Ltd. (hereinafter “B”) and paid KRW 100,000,000 as security deposit to B. The Plaintiff was issued a certificate of monetary rent of KRW 100,000,000 in the name of Defendant B, the representative director of Defendant B.

On November 27, 2010, the Plaintiff borrowed KRW 30,000,000 from E, and KRW 30,000,000 on December 7, 201, and KRW 80,00,000 on January 11, 201.

The Plaintiff and Defendant B agreed to reverse the above strategic business partnership agreement on September 26, 201. The Plaintiff and Defendant B agreed to pay the Plaintiff the amount of KRW 130,000,000, out of the above deposit and borrowed money, which Defendant B received from the Plaintiff, until October 31, 2011, in addition to the interest rate of 20% per annum, if the said amount is not paid on the agreed date.

E and Defendant C Co., Ltd. (hereinafter “C”) signed and sealed the above agreement between the Plaintiff and Defendant B as Defendant B’s guarantor on September 26, 2011.

The Plaintiff received KRW 40,00,000, out of the borrowed money under the said agreement on September 26, 201 pursuant to the said agreement, respectively, on January 20, 2012, and KRW 30,000,000 on February 20, 2012.

On November 5, 2013, Defendant D made an additional signature and seal on September 26, 2011 as a guarantor for Defendant B.

Paragraph (2) of the aforementioned special agreement of September 26, 201 provides that if a dispute arises between the Plaintiff and the Defendants, the Korea Commercial Arbitration Board shall be subject to arbitration.

The Plaintiff filed an application for arbitration against the Defendants under Article 1411-0113 of the Arbitration of Korean Commercial Arbitration Act, and received an arbitral award (the respondent is the Defendants, and the applicant refers to the Plaintiff) as indicated in the attached Form on October 28, 2014.

【Defendant B, C: Confession (Article 150(3) and (1) of the Civil Procedure Act)

2. Determination

A. According to the above facts of recognition, the instant case is not subject to special circumstances.

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