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(영문) 의정부지방법원 2015.01.20 2013가단156630

집행판결

Text

1. The plaintiff is the Visalia Diva Court of Tula County of the United States of California.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant are all permanent residents of the United States, and the Plaintiff, around September 24, 2007, lent USD 150,000 to the Defendant for a loan period of three years under an agreement of three years (at that time, the Defendant’s wife was signed as the borrower, and at that time the Defendant’s wife was offered as the collateral). However, the Plaintiff was merely paid the principal amount of USD 20,000 and some interest accrued from the Defendant, and did not receive the remainder of principal and interest.

B. Accordingly, the Plaintiff filed a lawsuit against the Defendant and C in favor of the Plaintiff for a loan of 10-240316 U.S. case at the Tulre Co. Ltd. (Tulre Co. Ltd. Division). The said court rendered a judgment in favor of the Plaintiff ordering the Defendant and C to pay “13,214.61 U.S. dollars, 14,223 U.S. dollars, 545 U.S. dollars, and 786.5 U.S. dollars in total, 163,49.11 U.S. dollars in December 5, 2011, the said judgment became final and conclusive at that time.

After that, on July 30, 2013, the above court accepted the Plaintiff’s application for correction and rendered a correction judgment containing the phrase “the Defendant and C shall be jointly and severally liable for all the judgments on this case” in the party column (5.a) of the above judgment.

[Reasons for Recognition] Facts without dispute, Gap's evidence 1, Gap's evidence 2, 4, and 8's evidence 1, 2, and Gap's evidence 9, the purport of the whole pleadings, and the purport of the whole pleadings

2. 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., a final judgment of a foreign court, the international jurisdiction of such foreign court shall be recognized in accordance with the principle of international jurisdiction under the statutes or treaties of the Republic of Korea (No. 1), and ii) the losing defendant shall be governed by the lawful method