Nihon System Wear K.K. v. Kensuke Koo
Tokyo High Court
Hanrei Jihō (No. 1700) 41 (2000)
- Written by David Bloom, JD
Facts
Shūjin Tada (plaintiff), a representative of a Japanese company, Nihon System Wear K.K. (Nihon) (plaintiff), contracted with Kensuke Koo (defendant), a Japanese national residing in California, to buy and restore antique cars. Tada was introduced to Koo by a mutual friend, Suzuki, who relayed Tada’s offer to Koo. The contract required Koo to ship the restored cars to Japan. Tada paid Koo certain sums for the restoration work, but Koo failed to deliver the cars. Tada, through Nihon, sued Koo in Japan, seeking to recover the sums paid to Koo. Koo motioned to dismiss the case, arguing that the Japan trial court lacked jurisdiction because Koo was not domiciled in Japan and did not reside in Japan. Koo also argued that the place of Koo’s performance of the contract was not in Japan. The trial court granted Koo’s motion and dismissed the case for lack of jurisdiction. Tada and Nihon appealed. The intermediate appellate court reversed the trial court. Koo appealed.
Rule of Law
Issue
Holding and Reasoning (Arai, J.)
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