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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Plaintiff’s assertion
On June 19, 2011, the Plaintiff entered into a ready-mixed supply contract with the Defendant and supplied ready-mixed to the Defendant until April 30, 2012. Since the unpaid amount was KRW 517,607,188 (SDR 1,808,972), the Defendant is obligated to pay the said unpaid amount and damages for delay to the Plaintiff. A contracting party who entered into a contract with the Plaintiff for the supply of ready-mixed is not the Defendant, but the Defendant is obligated to pay the unpaid amount and damages for delay to the Plaintiff. Although the contracting party who entered into the contract with the Plaintiff for the supply of the above ready-mixed is merely a company holding the total number of stocks issued by the Defendant 4,000 shares (95%) in the form of a legal entity, the Defendant is obligated to pay the unpaid amount to the Plaintiff in the form of a legal entity, the Defendant is obligated to pay the unpaid amount to the Plaintiff in the form of a legal entity.
The Plaintiff’s claim against the Defendant for governing law is based on the instant ready-mixed supply contract and the purchase price for goods premised on the denial of legal personality of the non-party company. The Plaintiff and the non-party company are established under the Saudi Arabia Act, and the Defendant is a company established under the law of the Republic of Korea, since there is no dispute between the parties, the fact that the company was established under the law of the Republic of Korea is a company with foreign elements, and thus
The main text of Article 25(1) of the Private International Act provides that a contract shall be governed by the law that the parties have chosen explicitly or implicitly. As such, the Plaintiff sought performance of the price of goods on the premise of the application of the law of the Republic of Korea, and the Defendant does not dispute the contract. As to the portion of the supply contract of ready-mixed among the legal relations of the case,
On the other hand, Article 16 of the Private International Law provides that a corporation shall be governed by the law of its establishment.