대여금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The parties' assertion
A. The Plaintiff asserts that, even though the Defendants borrowed 5 million Chinese currency from the Plaintiff during the period from May 24, 2009 to November 25, 2011, the Defendants did not pay that amount. The Defendants asserted that the Defendants are liable to pay to the Plaintiff the amount of KRW 864,450,00 which was converted into the exchange rate of October 7, 2014, which was close to the date of the closing of the argument in this case, as well as the agreed interest and penalty.
B. On this issue, the Defendants asserted that the instant lawsuit is unlawful, since they are not recognized as international jurisdiction of the Korean court.
2. Whether the international jurisdiction of the court of the Republic of Korea is recognized
A. Article 2(1) of the Act on Private International Law provides that "where a party or a case in dispute is substantially related to the Republic of Korea, the court has the international jurisdiction. In this case, the court shall comply with reasonable principles, consistent with the ideology of allocation of international jurisdiction, in judging the existence or absence of substantial relation," and Article 2(2) provides that "the court shall judge the existence or absence of international jurisdiction, taking into account the provisions of the domestic law, and shall fully consider the special nature of the international jurisdiction in light of the purport of the provision of paragraph 1." Thus, the international jurisdiction shall be determined in accordance with the basic ideology of ensuring equity between the parties, such as equity, convenience, and predictability, as well as the appropriateness, prompt, efficient, and effectiveness of the judgment, and the interests of the court or the state, such as the appropriateness, effectiveness, etc. of the judgment, shall be considered together, and the issue of which interest among these various interests needs to be protected, is the substantial relation between the suspension of law and the parties, and the suspension of law