The party ability of the foreign corporation and whether the Korean court has the right to institute a suit

Even if a company does not register its branch or agency in Korea as a foreign corporation, it is legitimate to file a suit with a Korean court with the intent to obey the jurisdiction of Korea.

Article 47 of the Civil Procedure Act

Gumarma Co.

Defendant Attorney Park Jong-chul, Counsel for the defendant

Daegu High Court Decision 76Na1012 delivered on October 26, 1977

The appeal is dismissed. The costs of appeal are assessed against the defendant.

The grounds of appeal by the defendant's attorney are examined comprehensively.

The court below's decision to the purport that the lawsuit of this case is legitimate, as long as the plaintiff filed a lawsuit with a Korean court with the intent to obey Korean jurisdiction even though the plaintiff was not registered as a branch or agency with a foreign corporation, is not a foreign corporation, and the court below's decision that the plaintiff agreed to compensate for losses between the plaintiff and the defendant, as alleged by the defendant, cannot be acknowledged that the defendant agreed to pay the damages to the plaintiff under the condition that the plaintiff company would purchase the damages by 10 tons each month and 250 tons each, as alleged by the defendant. The court below's decision is just and without merit, since the court below's decision is without merit since there is no ground for lack of documentary evidence identical to the theory of lawsuit in the original judgment, and it is so decided as per Disposition by the assent

Justices Yang Byung-ho (Presiding Judge)