I have a dispute with an overseas business partner. Can I file a lawsuit in a Korean court under private international law?

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Is a fraudulent conveyance revocation lawsuit very difficult? A few years ago, when I pressured an acquaintance to repay borrowed money, they seem to have diverted their assets. Looking into it, I found that filing a fraudulent conveyance revocation lawsuit can recover them... Would this be very difficult to proceed with alone? Or is this a lawsuit that requires hiring an attorney?

private international law

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作者: 김국일

Under private international law, Korean courts may have international jurisdiction when the parties or the dispute matter has a "substantial connection" with Korea.

Substantial connection here is determined by comprehensively considering the parties' addresses, the location of head offices or principal places of business, the place of contract conclusion and performance, and the circumstances and content of the dispute.

If the company has its head office in Korea and the contract performance, payment, or delivery of goods is closely connected to Korea, there is a sufficient possibility that the jurisdiction of our courts will be recognized.

Also, if the counterparty has an office or business establishment in Korea or has continuously and systematically conducted business activities targeting Korea, special jurisdiction may be recognized for disputes related to those business activities based on the location of the office or business activities.

Furthermore, in lawsuits regarding property rights such as goods payments, if the property that is the object of the claim is in Korea or the counterparty holds attachable property in Korea, international jurisdiction may also be recognized on this basis.

However, it may be limited if the dispute has little connection with Korea or the value of the property is extremely small.

Ultimately, international jurisdiction under private international law must be determined by comprehensively analyzing contract content, jurisdiction agreement, scope of the counterparty's domestic activities, and property location, so careful review of specific facts before filing a lawsuit is necessary.