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(영문) 대법원 2015.01.15 2012다4763

영업방해금지

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The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal on international jurisdiction, Article 2(1) of the Act on Private International Law provides that “where a party or a case in dispute has a substantial relation with the Republic of Korea, the court shall have the international jurisdiction. In this case, in determining the existence of a substantial relation, the court shall comply with reasonable principles consistent with the ideology of allocation of international jurisdiction,” and Paragraph (2) of the same Article provides that “The court shall consider the provisions of the domestic law to determine the existence of the international jurisdiction, but shall take into

Therefore, the court shall determine international jurisdiction in accordance with the basic ideology of ensuring the equity between the parties, the propriety, speediness and economy of the trial, and in detail, not only personal interests such as the equity, convenience and predictability of the parties to the lawsuit, but also the interests of the court or the state, such as the appropriateness, speediness, efficiency and effectiveness of the judgment. Whether there is a need to protect any of these diverse interests should be determined reasonably by taking the objective criteria of the suspension of law and the substantial relationship between the parties to the case and the disputed case.

(see, e.g., Supreme Court Decision 2010Da18355, Jul. 15, 2010). According to the records, the Plaintiff is a juristic person established under the law of the Republic of Korea and the Defendant is residing in the Republic of Korea as a national of the Republic of Korea. The instant case is a preliminary issue of the Plaintiff’s claim for prohibition of interference with business against the Defendant, which is completed under a labor contract that the Defendant entered into with the Plaintiff and