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1. As to the Korean Commercial Arbitration case No. 1511-0123, which is an incorporated association between the Plaintiff and the Defendants.
Reasons
1. Basic facts
A. On August 13, 2014, the Plaintiff entered into a franchise store agreement with the Defendants with the content that the Defendants would use the Plaintiff’s trademark, service mark, trade name, etc. while operating the “C convenience store” and distribute profits to the Plaintiff (hereinafter “instant franchise store agreement”).
B. From October 2014 to February 2015, the Plaintiff did not pay KRW 38,523,560, which is the amount equivalent to the Plaintiff’s profit, among the sales, the Plaintiff terminated the instant franchise agreement. On May 29, 2015, the Plaintiff filed an application for arbitration with the Korea Commercial Arbitration Board for the settlement of accounts and performance of the obligation to pay penalty upon termination of the contract against the Defendant.
C. On August 12, 2015, the Korea Commercial Arbitration Board rendered an arbitral award as shown in the attached Form with respect to the Plaintiff’s application for arbitration (hereinafter “instant arbitral award”).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings
2. Determination
(a) the enforcement of a judgment on the cause of a claim shall be made by the judgment of execution by the court, and the award made within the territory of the Republic of Korea shall be enforced unless there is a ground under Article 36(2) of the Arbitration Act;
(Article 37(1) and Article 38 of the Arbitration Act. Accordingly, a compulsory execution based on the instant arbitral award shall be permitted unless the Defendant asserts and proves that there exist grounds for setting aside the arbitral award under Article 36(2) of the Arbitration Act.
B. The Defendants alleged that the Defendants already paid the penalty for breach of contract, and KRW 52,248,160, which is the amount equivalent to the penalty for termination, is an unjust amount to the Defendants who did not operate the business for up to 60 days. However, pursuant to Article 36(1) of the Arbitration Act, an objection to an arbitral award can only be made by filing a lawsuit for cancellation of the arbitral award with the court, and even if the Defendants intended to seek the revocation of the arbitral award, it shall be made to the effect that the Defendants