1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasons why the court should explain this part of the basic facts are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except for the case where the "this court" is "the court of the first instance" as "the court of the first instance" among the reasons for the judgment. Thus, this part of the reasoning for the judgment of the first instance is cited in accordance with the main sentence of Article 420

2. Judgment on the defenses prior to the merits of the international jurisdiction

A. All the plaintiff and the defendant asserted that they had their domicile in Japan, and both of them have their domicile in Japan. The claim in this case is merely a mere seeking the payment of the amount of indemnity against the defendant.

The plaintiff considers that the defendant's property is the defendant's property that can be seized on the ground that he owns shares E, and thus, the territorial jurisdiction under Article 11 of the Civil Procedure Act exists in the Republic of Korea court. However, for the transfer and seizure of shares, possession of share certificates is essential. Since the location of the share certificates owned by the defendant is unclear, it is difficult to recognize

Considering these factors, it is difficult to recognize that the subject of the dispute or the parties to the dispute has substantial relations with Korea, and rather, it is more reasonable to proceed to a trial in Japan, and thus, the Korean court has no international jurisdiction over the instant lawsuit.

B. 1) Determination 1) Article 2 (International Jurisdiction) of the Act on Private International Law (1) related to the relevant provisions and Article 2 (International Jurisdiction) of the Act on Private International Law has international jurisdiction in cases where a party or a case in dispute is substantially related to Korea

In such cases, the court shall comply with reasonable principles that conform to the ideology of the allocation of international jurisdiction in determining the existence of substantial relations.

(2) A court shall judge whether or not international jurisdiction exists, taking into account the provisions of domestic law, and shall have sufficient special characteristics of international jurisdiction in light of the purport of paragraph (1).