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K.K. Family v. Miyahara

51 Minshū (No. 10) 4055 (1997)

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K.K. Family v. Miyahara

Japan Supreme Court
51 Minshū (No. 10) 4055 (1997)

Facts

K.K. Family (plaintiff), a Japanese company, had a contract with Miyahara (defendant), a Japanese citizen domiciled in Germany for over 20 years, to import German cars from Miyahara. K.K. Family deposited money into a German bank account. The money was intended to be used by Miyahara to cover shipping costs. The place of Miyahara’s performance of the contractual obligation to ship the cars to K.K. Family was in Germany, and relevant documents and evidence existed in Germany. After a dispute arose, K.K. Family demanded that Miyahara return the money, but Miyahara refused. K.K. Family sued Miyahara in Japan. The Japanese trial court declined to exercise jurisdiction and dismissed the action. K.K. Family appealed.

Rule of Law

Issue

Holding and Reasoning (Yamaguchi, J.)

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