가. 인정 사실 1) 원고는 피고를 상대로 2014. 10. 8. 일본국 동경지방재판소 평성 26년(서기 2014년) 와(ワ) 제26422호로 매매대금청구의 소를 제기한 다음 2014. 10. 21. 이를 피고에게 내용증명으로 통지하였다. 2) 위 일본국 법원은 2014. 11. 13. “제1회 변론기일을 2015. 3. 23. 오후 1:10, 제2회 변론기일을 2015. 4. 13. 오후 1:10”으로 정하여 통지하는 기일호출장과 소장을 피고에게 발송하였고, 위 서류들은 2015. 2. 6. 피고에게 송달되었다.

3) On April 27, 2015, the aforementioned Japanese court concluded the arguments on April 13, 2015, and rendered a judgment to the effect that “the Defendant shall pay the Plaintiff 11,768,601N with interest calculated at the rate of 6% per annum from November 7, 2013 to the date of full payment” (hereinafter “instant judgment”).

The above judgment was pronounced, and it became final and conclusive on August 28, 2015. [The fact that there is no dispute over the grounds for recognition, the entries in Gap 1-3, 5-8 and the purport of the whole pleadings.]

B. 1) In order for a judgment of a foreign court to be approved and executed in Korea, the requirements stipulated in Article 217 of the Civil Procedure Act, i.e., the final judgment of the foreign court to be recognized and executed, i.e., the international jurisdiction of the foreign court under the laws and regulations of the Republic of Korea or the principle of international jurisdiction under the laws and regulations of the Republic of Korea (No. 1), ii) the defendant who has lost was served with a complaint or a document corresponding thereto and a notice of date or an order sufficient time to defend in accordance with lawful methods, and even if the defendant has not been served or has not served with the time limit necessary for defense (No. 2), iii) the confirmation of the validity of the judgment does not violate the good morals and other social order of the Republic of Korea (No. 3), iv).