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(영문) 서울고등법원 2014.10.21 2014나8518

약정금

Text

1. Revocation of a judgment of the first instance;

2. The case is remanded to the Seoul Central District Court.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The defendant asserts that the lawsuit of this case is unlawful since the defendant's main defense of this case is not practically related to this case and the Republic of Korea, it is filed with a court of the Republic of Korea without international jurisdiction.

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 shall have the international jurisdiction in the event it has a reasonable principle consistent with the ideology of allocation of international jurisdiction in determining the existence or absence of substantial relation." In addition, Article 2(2) provides that "the court shall consider the provisions of the domestic law in determining the existence or absence of international jurisdiction, and shall fully consider the special nature of the international jurisdiction in light of the purport of paragraph (1)." Thus, the international jurisdiction shall be determined by investigating the existence of substantial relation in accordance with the basic ideology of ensuring fairness, propriety, and appropriateness, speed and economy between the parties, as well as personal interests such as equity, convenience, and predictability, as well as the appropriateness, speed and efficiency of the judgment, and effectiveness of the judgment, the court or the state's interests such as the appropriateness, effectiveness, etc. of the judgment shall be considered together. Whether there is a need to protect any of these diverse interests shall be determined reasonably based on the objective relationship between the suspension of law and the parties, and the forum and the case in dispute.

In addition, it cannot be denied that the existence of territorial jurisdiction under the Civil Procedure Act is still an important factor in determining whether the party or the disputed case is a substantial relationship with the Republic of Korea, and the international jurisdiction is not exclusive jurisdiction, but it can exist concurrently.