CGI K.K. v. Advanced Connectek Co., Ltd.

Hanrei Jihō (No. 1941) 124 (2007)

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CGI K.K. v. Advanced Connectek Co., Ltd.

Yokohama District Court
Hanrei Jihō (No. 1941) 124 (2007)

Facts

CGI K.K. (CGI) (plaintiff) was a Japanese company that manufactured and sold electronic parts. CGI entered into a contract with Advanced Connectek Co., Ltd. (ACON) (defendant), a Taiwanese company that made peripheral equipment for electronic devices. ACON had no offices or representatives in Japan. ACON’s president and owner was also the president and owner of Renten-Kagi K.K. (Renten), a Japanese subsidiary of ACON that conducted business in Japan. ACON did not control Renten’s business operations in Japan. CGI sued ACON in Japan, claiming that ACON breached the contract. ACON moved to dismiss the case, arguing that the court lacked jurisdiction over ACON. CGI opposed the motion, arguing that ACON, through Renten, engaged in substantial and continuous commercial activity in Japan such that Renten effectively functioned as ACON’s office or place of business in Japan.

Rule of Law

Issue

Holding and Reasoning (Tsuchiya, J.)

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