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TITLE [Assigned Money]Supreme Court Decision 2006Da68209 Delivered on March 13, 2008 [full Text]
Summary
[1] The jurisdiction where one of the legal jurisdictional courts of law is agreed upon to be the jurisdictional court of law, and whether a foreign element of a legal relationship regarding an assignment of the right to repayment of a debt affects the validity of the above agreement (negative) [2] The case holding that where a loan certificate, drafted by a debtor and creditor residing in Japan, contains a pre-printed sentence stating that if a legal dispute arises, the court of law seated where the creditor is domiciled shall be the jurisdictional court of law of the first instance, the above pre-printed sentence is not an exemplary sentence, but constitutes an exclusive jurisdiction agreement [3] The case holding that if a debtor and a creditor residing in Japan agreed on exclusive jurisdiction in a loan contract and thereafter the right to repayment of a debt was assigned to a Korean citizen with a domestic address in Korea, the above jurisdiction agreement shall become invalid and the court of law of the Republic of Korea has jurisdiction over the dispute
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