Stefano Arts v. Sui

A South Korean company's agreement with a plastination company was too vague and lacked consideration, rendering it unenforceable.

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In this civil action, Stefano Arts a company sued Dr. Hongjin Sui and his company, Dalian Medical University Plastination Company, Ltd. “DMUP” for breach of contract and tortious interference with business and contractual relations. Following a grant of summary judgment in favor of Dr. Sui and DMUP on all claims, Stefano Arts appeals, contending that genuine issues of material fact existed as to whether Dr. Sui and DMUP breached an agreement between the parties and whether they interfered with Stefano Arts’s business and contractual relations. For the reasons set forth below, we affirm. Summary judgment is only proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c; Britt v. Kelly & Picerne, Inc. 1 “On appeal from the grant or denial of a motion for summary judgment, we review the evidence de novo, and all reasonable conclusions and inferences drawn from the evidence are construed in the light most favorable to the nonmovant.” Punctuation omitted. McCall v. Couture .2

So construed, the record shows that Dr. Sui is a citizen of the People’s Republic of China, a professor of human anatomy at Dalian Medical University in Dalian, Liaoning, China, and the president of Dalian Medical University Plastination Company. DMUP’s primary business is the preservation and supply of human cadavers for use in museum-quality human anatomy touring exhibitions plastination exhibitions throughout the world, such as those used in “Bodies. . .The Exhibition”3 and “Body Worlds.”4 Stefano Arts is a South Korean company engaged primarily in the business of facilitating and promoting touring exhibitions. In 2003, Dr. Sui met with Thomas Kwon, a representative of Stefano Arts, to discuss collaborating on plastination exhibitions in South Korea. Thereafter, DMUP and Stefano Arts collaborated to open successful plastination exhibitions in Daejeon, Daegu, and Seoul, South Korea.

Stefano Arts v. Sui

A South Korean company's agreement with a plastination company was too vague and lacked consideration, rendering it unenforceable.

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