가. 원고는 피고를 상대로 일본국 동경지방재판소에 대금(貸金)청구의 소[평성25년(와)제23815호{東京地方裁判所 平成25年(ワ)第23815}]를 제기하였고, 위 법원은 2014. 10. 14. 별지 판결문 기재와 같은 판결을 선고하였다

(hereinafter “instant Japanese case”). B.

The defendant filed an appeal against the above judgment, and the judgment of this case became final and conclusive on March 28, 2015 due to the dismissal of the defendant's appeal.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 4, 5, and 6, all purport of oral argument

2. Determination

A. In order for a foreign judgment to be approved and enforced in Korea, the requirements stipulated in Article 217 of the Civil Procedure Act, namely, a final judgment of the foreign court to be approved and enforced in Korea, (1) the relevant foreign court’s international jurisdiction right shall be acknowledged in accordance with the laws and regulations of the Republic of Korea or the principle of international jurisdiction under the Acts and subordinate statutes of the Republic of Korea (Article 1); (2) the losing defendant has complied with the lawsuit even if he/she has not been served, or has not been served, with a written complaint or a document corresponding thereto and a notice of date or an order for sufficient time necessary for defense in a lawful manner (Article 2); (3) the recognition of the relevant judgment does not violate good morals and other social order of the Republic of Korea (Article 3);

(2) In the instant case, in light of the following: (a) the Plaintiff, a creditor of the instant loan claims, is a Japan residing in Japan; and (b) the Japanese court recognized the international jurisdiction over the instant case (see Article 2 of the International Judicial Act); and (b) the Defendant asserted that the instant case was invalidated by duress and examined the Defendant in the instant case, the Defendant is in accordance with a lawful method from the said court.