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| TITLE | Supreme Court Decision 2018Da231550 Decided March 11, 2022 【Judgment of Execution】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Method of determining whether approval of a final and conclusive judgment rendered by a foreign court or a judgment acknowledged to have the same force (hereinafter “final judgment, etc.”) may give rise to a result that transgresses sound morals or other social order of the Republic of Korea When determining the requirements for the approval of a final judgment, etc. stipulated in Article 217-2(1) of the Civil Procedure Act, whether the stability or predictability of the international trade order as well as domestic circumstances should be considered (affirmative) and whether approval of a judgment rendered by a foreign court can be denied for the simple reason that no Acts prescribing the same provisions as the Acts applied in a judgment rendered by a foreign court exist in the legislative system of the Republic of Korea (negative) [2] Where an act that was deemed the cause of compensation for damage in a judgment rendered by a foreign court ordering compensation for damage exceeding the scope of compensatory damage belongs to the regulatory realm of an individual Act allowing compensation for damage in excess of the scope of compensatory damage in the Republic of Korea, whether the approval of the judgment rendered by a foreign court markedly violates the basic order of the Acts related to compensation for damage and thus can be seen as impermissible (negative) In such a case, whether the approval of a judgment rendered by a foreign court can be denied on the sole basis of the fact that the foreign Acts applied in a judgment rendered by a foreign court contain the contents that automatically deem the specific multiples of the actual amount of damage as the final amount of compensation for damage (negative) and standard for determining whether a court should approve the whole or part of a judgment rendered by a foreign court ordering compensation for damage exceeding the scope of compensatory damage | |
