beta
(영문) 서울중앙지방법원 2019.12.13 2019가합515755

집행판결

Text

1. Between the Plaintiff and the Defendant, the Military Court of Alchina District of Bochina in 2017 (Seoul High Court 29 years).

Reasons

1. On August 10, 2018, the Plaintiff filed an application with the Defendant for the extraction of Japan's Nagoya Family Court 2017 U.S. Branch 2017 (Seoul High Military Court 29 years) under No. 438. On August 10, 2018, the Plaintiff was sentenced by the said Family Court to the judgment (hereinafter referred to as the "instant judgment"). The instant judgment was finalized on August 31, 2018.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 3 (if there are additional numbers, including each number; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination as to the cause of action

A. The requirements under Article 217(1) of the Civil Procedure Act and Article 27(2) of the Civil Execution Act to be approved and enforced by a foreign court in Korea, i.e., the final judgment of the foreign court (main sentence of Article 217(1) of the Civil Procedure Act, Article 27(2)1 of the Civil Execution Act), ii), i.e., the international jurisdiction of the foreign court is recognized in accordance with the Acts and subordinate statutes of the Republic of Korea or the principle of international jurisdiction under the treaty of the Republic of Korea (Article 217(1)1 of the Civil Procedure Act, Article 27(2)2 of the Civil Execution Act), iii), i.e., the losing defendant has complied with the lawsuit even if the losing defendant was served or was not served with a written complaint or other equivalent document, notice of date or order with sufficient time to defend in accordance with lawful method (Article 217(1)2 of the Civil Procedure Act, Article 27(2)2 of the Civil Execution Act), and approval of the judgment is not contrary to good morals or other social order of the Republic of the Republic of Korea (Article 27).