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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the judgment of the defendant as to the defendant's assertion, which is identical to that of the judgment of the court of first instance. Thus, this is acceptable as it is by the main sentence of
(Additional Judgment) The grounds for appeal by the defendant, other than the part of the judgment, are not significantly different from the allegations in the first instance court, and the fact-finding and judgment of the first instance court are recognized as legitimate even if the defendant's arguments and evidence are comprehensively taken into account.
A. The Defendant’s assertion is that the instant U.S. judgment was instituted after the lapse of the exclusion period, based on a claim not acceptable in the application of the Korean Civil Act, and ② ordered the payment of damages for delay by 10% per annum exceeding the statutory interest rate stipulated in the Korean Civil Act. If approval of the instant U.S. judgment would result in a violation of the good customs and other social order of the Republic of Korea, and thus, it shall not be accepted. As to the part ordering compensation exceeding 5% per annum, approval shall be limited in accordance with Article 217-2(1) of the Civil Procedure Act.
B. Article 217(1)3 of the Civil Procedure Act provides that approval of a final and conclusive judgment of a foreign court or a judgment with the same effect (hereinafter “final and conclusive judgment, etc.”) shall not be contrary to the good morals and other social order of the Republic of Korea as one of the requirements for recognition of a foreign judgment. In this context, at the time of determining whether approval of a final and conclusive judgment, etc. violates the good morals and other social order of the Republic of Korea, the recognition of a final and conclusive judgment, etc. is in line with the degree of relationship between the case in which the final and conclusive judgment, etc., is dealt