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(영문) 서울중앙지방법원 2017.07.21 2016가합521742
집행판결
Text

1. The plaintiff and the defendants shall have jurisdiction over the court of first instance, California, California, and the court of first instance.

Reasons

Facts of recognition

Defendant B is the Plaintiff’s partner, and Defendant C is the spouse married with Defendant B around September 2010.

Defendant C left the Republic of Korea on May 1, 2010 and returned to the Republic of Korea on March 7, 2012.

On May 23, 2011, the Plaintiff submitted a complaint to the Defendants that “(i) USD 99,828.33 U.S. dollars that the Plaintiff lent to the Defendants as a share investment price on or around April 2009, (ii) USD 91,220.00 of the Plaintiff’s proceeds from the sale of Korean real estate sold to the Defendants on or around September 22, 2010; (iii) USD 100,000 of the sales price of beauty room business sold to the Defendants on or around July 22, 2010; and (iv) USD 5,000 of the sales price of beauty room business leased to the Defendants on or around July 29, 2012, USD 296,170 of the Plaintiff’s loans to the Defendants.”

Defendants were served with the Plaintiff’s complaint around 19:55 on May 23, 2011.

(A) On August 10, 201, the Defendants filed a counterclaim against the Plaintiff, seeking payment of USD 522,100 on the grounds of the Plaintiff’s breach of contract, etc.

On June 24, 2013, the first instance court of California, California, upon the Plaintiff’s request, sentenced the Defendant to “The Defendant would pay USD 296,170.62 to the Plaintiff the interest USD 317,22.66, plus USD 317,22.66, which was calculated at the rate of USD 296,170.62 per annum prior to the judgment,” and the above judgment became final and conclusive around that time.

(hereinafter referred to as “the final judgment of this case”). [The grounds for recognition: Gap evidence Nos. 1 through 4, 6, and Eul evidence No. 1, the purport of the whole pleadings] The plaintiff and the defendants, when filing a lawsuit by the plaintiff who is a U.S. citizen right holder, meet the requirements under Article 217(1)1, 2, and 4 of the Civil Procedure Act, are California.

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