집행판결
1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The reasons why this part of the basic facts are stated are the same as the reasons for the judgment of the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Judgment on international jurisdiction
A. According to the Plaintiff’s assertion (1) the Plaintiff’s assertion that there was a jurisdiction agreement between Leco and ACA, and thus, the New York court of this case recognized international jurisdiction.
Even if the jurisdiction agreement is not acknowledged, Red Co given the exclusive right to distribute, sell, and publicize the pressure of this case to ACA through ACA, and sold it in New York through ACA. D CoCo directly delivered the foundation of the pressure of this case to New York, and damage caused by the establishment of the foundation of the pressure of this case to New York.
Therefore, since D.C. and New York are substantially related, international jurisdiction is recognized in the New York Court of this case.
(2) The Defendant’s assertion production contract (Evidence A No. 1) is merely a draft on which leco or ACA did not sign and seal, and thus, it cannot be said that there was a competent agreement.
D. Inasmuch as D.C. only supplied a foundation for the pressure of this case to ACA by means of original trademark attachment, there was no business office, sales agency, etc. in New York State, and there was no intended act of enjoying profits arising from transactions in New York, such as product design, product advertising, and periodical purchase consultation for customers. Therefore, international jurisdiction is not acknowledged in the New York Court.
B. In order for a foreign court to be approved and executed in Korea, the requirements prescribed in Article 217 of the Civil Procedure Act, namely, a final judgment of a foreign court, which is ① the international jurisdiction of the foreign court in accordance with the laws and regulations of the Republic of Korea or treaties, shall be recognized (No. 1), and ② the defendant who lost.