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(영문) 대전지방법원 2015.11.26 2015나104952
집행판결 청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

The court's explanation of this case is set forth in the third of the judgment of the court of first instance.

In addition to the dismissal as follows, the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it is cited in accordance with the main sentence of Article 420

【Supplementary Use】

A. First, we examine the foreign court of this case's jurisdiction.

1) Article 217 subparag. 1 of the Civil Procedure Act provides, “The international jurisdiction of a foreign court shall be recognized in accordance with the principle of international jurisdiction under the statutes or treaties of the Republic of Korea.” Article 2(1) of the Act on Private International Law provides, “Where a party or a case in dispute is substantially related to the Republic of Korea, the court shall have the international jurisdiction. In this case, in determining the existence of substantial relation, the court shall comply with reasonable principles consistent with the ideology of allocation of international jurisdiction.” Article 2(2) provides, “The court shall consider the provisions of domestic law in determining the international jurisdiction, and shall take into account the special nature of international jurisdiction in light of the purport of paragraph(1).” Therefore, international jurisdiction shall be determined in accordance with the basic ideology of ensuring fairness, the appropriateness, convenience, and predictability of the parties to the lawsuit, and the interests of the court and the State, such as appropriateness, prompt, efficiency, and effectiveness of the judgment, as well as the individual interests of the parties to the lawsuit.” Whether there is a need to protect any of these diverse interests should be determined based on the individual relationship between the parties and actual discontinuance and suspension of law (see 16).

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