Jurisdiction over a claim for damages caused by a tort shall be over the jurisdiction.

In the claim for damages caused by a tort, the court shall have jurisdiction over the special forum of the place of the tort and the general forum of the defendant. On the other hand, the above lawsuit can be brought to the court of the place of residence or the place of obligation as a lawsuit concerning property rights, and the liability for damages caused by a tort shall, unless otherwise agreed, be repaid to the address of the creditor, and therefore, the court of the domicile

Articles 2, 6, and 16 of the Civil Procedure Act

Appellant

Other Party

Daegu District Court of First Instance (Supreme Court Order 67Na3125)

This appeal is dismissed.

Expenses for appeal shall be borne by the applicant.

The original decision shall be revoked.

This case (No. 67Na3125 of the same Act) shall be transferred to Busan District Court.

The gist of the main reason for the appeal of the appellant is the claim for damages caused by a tort, so the appellant's general forum can be seen as a special jurisdiction of the place of the tort, or the appellant's general forum is under the jurisdiction of the Busan District Court. Furthermore, if the appellant files a complaint with the court of original judgment, it is wasted time and cost so it is transferred to the Busan District Court to avoid delay of the lawsuit or damages.

In light of the records, the other party (the respondent) claims compensation for damages and consolation money for tort, and the address of the appellant (applicant) is Busan City, and the general forum of the appellant or the special jurisdiction of the place of tort is located in Busan District Court. However, the above lawsuit concerning property right can be brought to the court of the place of residence or the place of obligation. Since the other party (applicant)'s domicile is the reference obligation to pay at the creditor's domicile unless otherwise agreed, the other party (hereinafter omitted)'s domicile is obvious in the records and has jurisdiction over the court of the court below.

In addition, there is no evidence that the appellant (applicant) is significantly damaged as the lawsuit is in progress in the court of original judgment, and the transfer is necessary to avoid this delay.

Therefore, the order of the court below that dismissed the application for transfer for the same reason is just and without merit, and it is so decided as per Disposition by applying Article 89 of the Civil Procedure Act.

Judges Park Jae-il (Presiding Judge)