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| TITLE | Supreme Court Decision 2021Da269388 Decided January 13, 2022 【Price of Goods】 [full Text] |
|---|---|
| Summary | |
| 【Main Issues and Holdings】 [1] With respect to the cases which contain foreign factors, even if no allegation exists in relation to applicable laws, whether a court shall be obliged to deliberate and investigate the laws applicable to legal relations in accordance with the International Convention or the Private International Law (affirmative) [2] Whether the “United Nations Convention on Contracts for the International Sale of Goods” shall apply to contracts of sale of goods between corporations of the Kingdom of the Netherlands and those of the Republic of Korea by priority (affirmative), and whether applicable laws determined in accordance with the Act on Private International Law of the jurisdiction shall apply to the matters that are excluded from the application of the above Convention or are not directly regulated by the above Convention (affirmative) [3] Whether the implicit agreement on applicable laws may be recognized according to Article 25(1) of the Act on Private International Law even if there is no explicit agreement thereon (affirmative), and whether the implicit agreement on applicable laws may be recognized on the sole basis of the circumstance that the parties did not contest applicable laws in the litigation procedures (negative) | |
