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TITLE | Supreme Court Decision 2015Da207747 Decided January 28, 2016¡¼Judgment Execution¡½ [full Text] |
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Summary | |
[1] Purpose of Article 217(1)2 of the Civil Procedure Act Where a defeated defendant ¡ª even if not having followed the method and procedure of service prescribed in order for a court of justice (forum) to grant the defendant an opportunity to defend himself/herself ¡ª can be deemed to have the opportunity to defend his/her actual interests in a foreign court proceeding, whether the defendant can be seen as having responded to the lawsuit under Article 217(1)2 of the Civil Procedure Act (affirmative) [2] Method of determining whether the procedure leading to recognition of a foreign court¡¯s final judgment, etc. violates good morals or other social order of the Republic of Korea Where a foreign court¡¯s final judgment, etc. orders compensatory payment to recover a party¡¯s actual loss, whether recognition can be limited based on Article 217-2(1) of the Civil Procedure Act (negative) [3] Standard for determining whether requirements for mutual guarantee are satisfied as prescribed under Article 217(1)4 of the Civil Procedure Act |