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서울중앙지방법원 2019.09.27 2018가합545537
기타(금전)
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 relationship 1) The Plaintiff is a company established under the U.S. subordinate statute, and the Defendant (the trade name was changed to “Co., Ltd. C” on March 30, 2006, and the Defendant was changed to “Co., Ltd. D” on March 25, 2008, and became the current trade name via the trade name “Co. E”.

The term “F” is a company established under the law of the Republic of Korea for the purpose of entertainment business, etc. On the other hand, F (hereinafter “F”).

A) On November 26, 2004, the Company was established by the law of the Republic of Korea for the purpose of the Entertainment Business, etc. and was dissolved on December 1, 2015, and Company G (hereinafter “G”).

(2) On November 27, 2006, the Defendant became the parent company of F by acquiring all F’s shares through a share swap with F on December 27, 2006. The Defendant became the parent company of F by acquiring all F’s shares through a share swap with F.

B. On June 21, 2007, the Plaintiff filed a lawsuit against F, G, H Co., Ltd. (hereinafter “H”) and I, etc. seeking compensation for damages due to the destruction of a performance agreement with the U.S. subordinate federal court of the U.S. and the U.S. federal court of the U.S. (hereinafter “J”).

F and G did not comply with the receipt of a complaint on December 7, 2007 and December 20, 2007, respectively. As the Plaintiff filed an application for a judgment of absence with the U.S. federal court, the U.S. federal court, and on May 8, 2008, the U.S. federal court rendered a judgment that “F and G shall pay USD 2,136,70 to the Plaintiff” upon receiving the said application by the Plaintiff on May 8, 2008.

(hereinafter referred to as “foreign judgment of this case”). 【No ground for recognition” exists, entry in Gap’s evidence Nos. 1 through 8, 11, and 16, and the purport of the whole pleadings.

2. In this case, the decision of the governing law shall be made with respect to performance agreements entered into with the Plaintiff, a company established under the laws of the United States of America, and with F and G companies of the Republic of Korea, and the decision of the foreign country of this case.

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