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1. Between the Plaintiff and the Defendant, the California California District Court of the United States of California Luxembourg, SUPEROR COUTR COMF THE.
Reasons
1. Basic facts
A. The Plaintiff is a company established under the California law, and the Defendant is a company that supplies clothing to the Plaintiff.
B. From around 2008, the Plaintiff was supplied with clothing from the Defendant, and around May 23, 201, the Plaintiff ordered 3,160,000 US dollars and paid advance payment USD 1,483,067.
C. On February 13, 2015, the Plaintiff filed a lawsuit seeking monetary payment (hereinafter referred to as “instant U.S. lawsuit”) with the District Court (SUPPERIOTR COUTR COMT OTR CAL CAF CAF CAFOTRTR COMTR COMOTR COMPPPPU COM COMS COMPR - CENNNTRAL ALALAL CRTRAL DTRICT (hereinafter “U.S. court”) on grounds of contractual breach, etc.
(Case Number BC 572972) d.
On June 30, 2015, the Defendant appointed A as an attorney and submitted a written answer to the U.S. court to dispute the Plaintiff’s assertion. However, on September 13, 2016, the U.S. court rendered a judgment to the effect that “the Defendant shall additionally pay to the Plaintiff the amount calculated at the rate of USD 515,476.32 and 10% per annum from July 14, 2016” (hereinafter “instant U.S. judgment”).
[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1, 3, and 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. In order for a foreign court to be executed in Korea, the requirements for a judgment of execution is to be recognized as a final judgment of the foreign court. ① Under the principle of international jurisdiction under the Acts and subordinate statutes of the Republic of Korea or treaties, the foreign court’s international jurisdiction shall be 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 if he was not served, and ③ the approval of the final judgment in light of the contents and litigation procedures of the final judgment,