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(영문) 서울북부지방법원 2019.12.19 2018가합21801
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of selling and manufacturing textile products, exporting and importing business (bibers and leisure goods), etc. The Defendant was a person who was in charge of the Plaintiff’s purchase of goods, export contract, etc. at the Plaintiff’s two Chinese branch offices from April 26, 2004 to July 31, 2013.

B. Around March 25, 2013, the Plaintiff had been urged to pay the unpaid amount of goods from C limited liability companies, which are the business partners of the Plaintiff. On March 25, 2013, the Defendant requested C limited liability companies to prepare a document stating that the dispute on the price of goods between the Plaintiff and C limited liability companies would be settled through the D Committee, and the Plaintiff’s agent qualification is recognized as the agent, and the agreement was made to the E Committee by mutual agreement and consented to the law of the People’s Republic of China. (A evidence 2, hereinafter “instant agreement”).

C. On April 22, 2013, the C limited liability company filed an application for arbitration with the Plaintiff, accompanied by the instant written agreement with the Plaintiff, to which the D Committee (hereinafter “D Committee”) entered into an arbitration agreement. On April 2013, the D Committee notified the Plaintiff of the receipt of the application for arbitration, and requested three arbitration members to examine the obligation to pay goods between the Plaintiff and C limited liability company in accordance with the arbitration rules. On November 8, 2013, the C limited liability company proceeded with the arbitration date, and in the process, all the documents stipulated in the arbitration rules were sent to the Plaintiff.

(hereinafter referred to as the above, the D Committee has undertaken all procedures with respect to its duty to pay goods between the Plaintiff and C Limited Company (hereinafter referred to as the “instant arbitral proceedings”).

The D Committee determined that there was an arbitration agreement and governing law agreement in accordance with the instant agreement on March 25, 2014, and thereafter, the Plaintiff was the People's Republic of China, which is 30% of the cost of goods payment, USD 389,75.93, attorney's cost, 60,000, and 30% of the cost of arbitration in the People's Republic of China.

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