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(영문) 대구지방법원 2016.06.24 2015가단39293

물품대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that sells bags, and C is the representative of the Plaintiff, and D Co., Ltd. (D; hereinafter “D”) is a trade company located in California sandy.

B. On August 29, 201, the Plaintiff issued in D the estimated invoice indicating that the total price of approximately 35,000 US dollars 165,00. The payment method is cash payment, the shipment is within 50 days after the receipt of the down payment, and the Defendant signed in D’s signature column.

[Ground of recognition] Unsatisfy, Gap 2's evidence 1 and 2

2. Determination on the defense prior to the merits

A. The defendant's assertion is unlawful since the plaintiff is Hong Kong corporation whose office is in the Chinese Mine, D is a U.S. corporation, and since both the place and the place where the contract was concluded and the place where the goods were produced are China, the case is not substantially related to the Republic of Korea and the Republic of Korea.

B. Article 2(1) of the Private International Act provides, “The court shall have the international jurisdiction in cases where the party or the disputed case is substantially related to the Republic of Korea. In this case, the court shall comply with reasonable principles consistent with the ideology of allocation of international jurisdiction in determining the existence of substantive relations,” and Article 2(2) of the same Act provides, “The court shall determine the existence of international jurisdiction, taking into account the provisions of the domestic law’s jurisdiction, and shall take into account the special nature

Therefore, international jurisdiction shall be determined in accordance with the basic ideology of ensuring the fairness between the parties, the propriety, prompt and economy of the judgment, and in detail, not only personal interests such as the fairness, convenience and predictability of the parties to the lawsuit, but also the interests of the court and the state such as the appropriateness, prompt and efficiency of the judgment, and the effectiveness of the judgment.