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(영문) 서울중앙지방법원 2016.11.03 2014가합590805
부당이득금
Text

1. Defendant (Counterclaim Plaintiff) B: (a) KRW 275,893,987 against the Plaintiff (Counterclaim Defendant) and its related amount from March 19, 2016 to November 3, 2016.

Reasons

1. The determination of international jurisdiction and applicable law is based on the entrustment contract for the forest management of the original group and clothes concluded by the Plaintiff established in the Republic of Korea with Defendant B, a juristic person established in Vietnam, around January 2013 (the transaction in which the Plaintiff supplied the original group, etc. provided to Defendant B, and the cost of the forest management in the form of pre-payment, and the pre-payment of the cost of the forest management is settled by the method that the Plaintiff delivers the clothing, etc. to the Plaintiff by the method of loading the vessel designated by the Plaintiff and then deducts the cost of the pre-sale from the pre-sale amount). As such, the Plaintiff is seeking a resolution of disputes over the above contract, such as seeking the return of the pre-sale amount against the Defendants, which constitutes a legal relationship with a foreign element. The international

A. Article 2(1) of the Private International Act provides that, with respect to the international jurisdiction of a court of the Republic of Korea with regard to legal relations with foreign elements of international jurisdiction, a court shall have the international jurisdiction in cases where a party or a case in dispute is substantially related to the Republic of Korea. In this case, the court shall comply with reasonable principles in determining the existence of substantive relations, which conforms to the ideology of allocation of international jurisdiction," and Paragraph (2) of the same Article provides that "the court shall determine the existence of international jurisdiction in consideration of the provisions of jurisdiction in domestic law, and shall consider the special

On the other hand, it is reasonable to view that there exists territorial jurisdiction under the Civil Procedure Act in the court of the Republic of Korea where the principal office of the Plaintiff is located, since the cause of the principal lawsuit of this case is a claim for return of advance payment according to the above original body and the consignment contract for the processing of clothing. ② The lawsuit of this case is related to the entrustment contract for the processing of original body and clothing that the Plaintiff entered into with the Defendant B,

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