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(영문) 서울중앙지방법원 2017.10.20 2016가합579369

약정금 등

Text

1. As to USD 710,124.69 and USD 203,071.05 among them to the Plaintiff, the Defendant shall from August 7, 2012 to August 7, 2017.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. In this case, the determination of the governing law is sought against the defendant, which is a Korean corporation, established in accordance with the Indonesia Act, whose head office is located in Indonesia, the amount of money under the assignment of claims as of May 9, 2012, the amount under the agreement on acceptance of the obligation to compensate for damages as of October 31, 2012, and the refund of the performance bond paid under the consulting agreement as of October 31, 2012, and therefore, the governing law should be set in accordance with the Private International Act, in this case, because

Article 25(1) of the Private International Act provides that “a contract shall be governed by the law chosen explicitly or implicitly by the parties.” According to each of the statements in the evidence Nos. 4, 10, and 11, the English law shall apply to both the credit transfer contract concluded between the Plaintiff and the Defendant on May 9, 2012, the claim acceptance agreement between the Plaintiff and the Defendant on October 31, 2012, and the consulting contract dated October 31, 2012, all of which agreed to apply the English law as the governing law under each contract. Thus, the English law shall apply to this case.

3. Article 208 (3) 2, and Article 150 (3) and (1) of the Civil Procedure Act of the applicable provisions of Acts (a judgment on deemed as private capital);