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All appeals are dismissed.
The costs of appeal are assessed against the Defendants.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. misunderstanding of legal principles as to international jurisdiction (Ground of appeal No. 1)
A. Article 2(1) of the Act on Private International Law provides, “The court shall have the international jurisdiction in the case where the party or the disputed matter has a substantial relation with the Republic of Korea. In this case, the court shall comply with reasonable principles consistent with the ideology of the allocation of international jurisdiction in determining the existence of substantive relations.”
Here, the term “actual relation” refers to a relation to a party or a dispute to the extent that it justifys the exercise of jurisdiction by a court of the Republic of Korea.
In determining this, reasonable principles that correspond to the ideology of the allocation of international jurisdiction, such as equity of the parties, propriety, speediness and economy, should be followed.
Specifically, as well as personal interests such as equity, convenience, predictability, etc. of the parties, the court or the state's interests such as the appropriateness, speediness, efficiency, and effectiveness of the judgment should also be considered.
As such, the determination should be based on a reasonable judgment on the existence of substantial relevance in an individual case requiring protection of any of the interests of various national jurisdiction.
(See Supreme Court Decisions 2002Da59788 Decided January 27, 2005, 2006Da71908, 71915 Decided May 29, 2008, etc.). Article 2(2) of the Private International Act provides that “The court shall determine the existence of international jurisdiction by taking into account the provisions under the jurisdiction of domestic law, but shall take full account of the special nature of international jurisdiction in light of the purport of paragraph (1)” and that “the provisions under the jurisdiction of domestic law shall be prescribed by the specific standard or method of determining substantial relevance under paragraph (1).”
Therefore, the jurisdiction provisions of the Civil Procedure Act are international jurisdiction.