logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2012.01.27 2011나27280
외국판결의 승인 및 집행판결
Text

1. Revocation of a judgment of the first instance;

2. All of the plaintiffs' lawsuits against the defendants are dismissed.

3...

Reasons

1. The reasons why this part of the facts of recognition are stated are as stated in the part of '1. Facts of recognition' from No. 2, No. 12, No. 7, and No. 1, No. 420 of the Civil Procedure Act.

2. Specific performance parts

A. Of the subject decision of this case rendered by the U.S. court, the specific implementation part is that "the plaintiff has the right to claim for specific implementation of the agreement and exclusive license contract against the defendants" is the subject decision of this case where "the plaintiff has been granted the right to claim for specific implementation of the agreement and exclusive license contract", and is the subject decision of this case, 199 199 199 19 1 1 1 1 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 22 2 2 2 2 2

B. (1) According to Article 26(1) of the Civil Execution Act, compulsory execution based on a judgment of a foreign court may be declared by a court of the Republic of Korea to be lawful by a judgment of execution. Thus, the judgment of a foreign court subject to a judgment of execution refers to the performance of specific benefits, etc. which has the contents suitable for the compulsory realization.

(Supreme Court Decision 2009Da68910 Decided April 29, 2010). Approval of a foreign judgment is that the foreign judgment is respected in Korea as it is, and on the other hand, the exercise of force that realizes the duty of payment is essentially a intellectual property and thus recognition of a foreign judgment cannot be a compulsory execution based on the foreign judgment. Thus, recognition of a foreign judgment is granted by a judgment of execution of a Korean court.

Where an executory power is granted by a judgment of execution of a Korean court on a foreign judgment, the substantial contents of the executory power, such as the commencement of a method of compulsory execution based thereon, shall be governed by the Civil Execution Act of Korean corporations.

According to the Civil Execution Act, a final judgment, etc. is based on the title of execution.

arrow