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1. Parties: P.T. Knight Electricity & Machinery Co. Pte. Ltd., is a Legal Entity established and formed under the laws of Singapore. P.T. Lsiang Plywood

1.

Parties:

  • P.T. Knight Electricity & Machinery Co. Pte. Ltd., is a Legal Entity established and formed under the laws of Singapore.
  • P.T. Lsiang Plywood Industries, is a Legal Entity established and formed under the laws of Spain.

Position case:

  • In March 2020, a sales and purchase agreement for machinery and spare parts was made between Kemalam Electricity & Machinery Co. Pte. Ltd with P.T. Lsiang Plywood Industries
  • Agreement signed in Barcelona, Spain
  • It was agreed that payment would be made using the installment method and that the installment payment would start after the machines were received by P.T. Lsiang Plywood Industries
  • In January 2021 P.T Kmalam Electricity & Machinery Co. Pte. Ltd. Sent the order and was well received by P.T. Lsiang Plywood Industries
  • However until January 202 P.T. Lsiang Plywood Industries did not fulfill its obligation to pay.
  • P.T. Lsiang Plywood Industries International has its administrative headquarters in Thailand.
  • P.T. Knight Electricity & Machinery Co. Pte. Ltd., has its head office in Singapore but its center of activity or production site is in Malaysia.

Based on the case above, answer the following questions:

  1. Based on your analysis, write down whether the personal status of the legal entity P.T. Lsiang Plywood Industries if it is associated with the principle of central administration?
  2. Write down according to your analysis, what is the personal status of P.T. Knight Electricity & Machinery Co. Pte. Ltd., ?

2.

The signing of a sale and purchase contract between an export company from Indonesia and an import company from South Korea regarding the sale and purchase of steel for car-making materials. A work contract agreement was signed in Lampung and it was agreed that steel shipments would be made from Panjang Port to Busan Port in South Korea. When the goods are ready to be shipped, the importer defaults by only paying half of the contract value, which is 37,000,000 USD. Of course, the Indonesian exporting businessman did not want to lose and took it for granted, so he sent a bill but the Korean company did not respond. Therefore, the Indonesian exporter filed a default lawsuit and demanded payment through the court in Tokyo.

So answer the questions below:

  1. Based on your analysis, determine the legal subject in the above case
  2. Write and analyze whether the above event is an HPI event? Give a concrete explanation?
  3. In the end, which country's law will be used? Why is that?
  4. Does the Tokyo court have the right to hear this case? Give your analysis of why yes or why it is not in accordance with the HPI theory that you have studied.

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