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| TITLE | Supreme Court Decision 2009Da16766 Decided December 13, 2011 [Collection on Debt] [full Text] |
|---|---|
| Summary | |
| [1] Whether the courts of Korea can exercise jurisdiction over a private legal act by a foreign country with the foreign country as defendant (affirmative in principle) [2] Whether the courts of Korea have jurisdiction to issue an order for seizure and collection with a foreign country as third party debtor (affirmative with restriction), and whether jurisdiction is not acknowledged over a suit for collection in cases where jurisdiction has not been acknowledged for a collection order (affirmative) [3] In a case where Gap, a resident of the Republic of Korea who worked at the United States Forces Korea Command, was sued by his creditor Eul at a Korean court with the United States of America as third party debtor, with Eul seeking for collection of debts through a court order for the seizure and collection of Gap's claims against the United States of America for retirement payment and wages, etc., the case holding that the above seizure and collection order was issued without due jurisdiction and thus void, and that the courts of Korea do not possess jurisdiction over a suit for collection as well | |
