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(영문) 서울중앙지방법원 2020.11.11 2020나12430
집행판결
Text

All appeals by the defendant against the plaintiffs are dismissed.

Expenses for appeal shall be borne by the defendant.

purport, purport, and.

Reasons

1. Facts of recognition;

A. A. Around April 1, 2016, the Plaintiffs filed a lawsuit seeking damages with the New York Round Court of New York, a New York, (SUREE COE COE COMT OE NAE NAE YE YOE YE YOE hereinafter “US court”) regarding E consulting agreements between the Defendant (former Co., Ltd.) and the Defendant (former Co., Ltd.). Around July 2016, the Defendant received the said lawsuit from the Defendant.

B. On January 13, 2017, the above lawsuit was proceeded with by the Defendant’s absence judgment, and the U.S. court rendered a judgment to the effect that “the Defendant would pay USD 24,626.25 to the Plaintiff B, and USD 22,80.62 to the Plaintiff” (hereinafter “instant U.S. judgment”).

[Reasons for Recognition] Facts without dispute, Gap 1 to 9 evidence, Eul 1 to 5 evidence (including each number), the purport of the whole pleadings

2. Determination

A. In order for a judgment of a foreign court to be executed in Korea, the requirements for judgment of execution are the final judgment of the foreign court. ① Under the principle of international jurisdiction under the Acts and subordinate statutes or treaties of the Republic of Korea, the international jurisdiction of the foreign court is recognized. ② The defendant who has lost was served with sufficient time to defend in accordance with lawful methods, and notice of date or order, or responded to the lawsuit even without being served, ③ the approval of the final judgment does not violate the good morals and other social order of the Republic of Korea in light of the contents and litigation procedures of the final judgment, ④ mutual guarantee or mutual guarantee, or the requirements for approval of the final judgment in the country to which the foreign court belongs, must meet all four requirements, including: (i) the requirements for recognition

(Article 217 of the Civil Procedure Act, Article 27 of the Civil Execution Act). (b)

According to the evidence, prior to the fulfillment of the requirements for judgment of execution, ① the Plaintiffs and the Defendant.

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