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(영문) 서울중앙지방법원 2019.11.21 2019가합509170
집행판결
Text

1. Japan High Military Court No. 27 of 14(2002) of Mamagu Branch of the High Military Court of Japan between the Plaintiff and the Defendant.

Reasons

1. On November 29, 2002, the Plaintiff filed a claim against the Defendant for the confirmation of existence of a mother-and-child relationship (La) No. 27 of the Amama branch of the Amagu District Court of Japan in 2002, and was sentenced by the same court on November 29, 2002 (hereinafter “instant judgment”). The instant judgment became final and conclusive on January 7, 2003.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 4 through 6, purport of the whole pleadings

2. Determination

A. In order for a judgment of a foreign court to be approved and executed in Korea, the requirements under Article 217(1) of the Civil Procedure Act and Article 27(2) of the Civil Execution Act are to be a final judgment of a foreign court (main sentence of Article 217(1) of the Civil Procedure Act, Article 27(2)1 of the Civil Execution Act), 217(1) of the foreign court’s international jurisdiction shall be acknowledged in light of the statutes of the Republic of Korea or the principle of international jurisdiction under the Acts and subordinate statutes of the Republic of Korea (Article 217(1)1 of the Civil Procedure Act, Article 27(2)2 of the Civil Execution Act). (3) The losing defendant has received or responded to the lawsuit without being served with a written complaint or a document corresponding thereto and a notice of date or order for defense by lawful method (Article 217(1)2 of the Civil Procedure Act, Article 27(2)2 of the Civil Execution Act), and approval of the foreign court does not substantially violate good morals or other social order of the Republic of Korea (Article 217(2).

B. The judgment of this case is to be rendered.

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