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| TITLE | Supreme Court Decision 2012Da23832 Decided May 30, 2017【Decision on the Recognition and Enforcement of a Foreign Judgment】 [full Text] |
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| Summary | |
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[1] Standard of determining whether the requirements are met for mutual guarantee under Article 217(1)4 of the Civil Procedure Act [2] Purport of the system of judgment of execution under Article 26(1) of the Civil Execution Act, and meaning of “final and conclusive judgment of a foreign court, etc.” [3] Measures to be taken by a court in Korea as the country where the judgment is to be enforced, in cases where either or both the form and mode in which a specific performance decree is stated in a final and conclusive judgment of a foreign court, etc. are different from the form of disposition or the mode of statement in Korean judgments Whether a Korean court may grant compulsory execution in cases where the terms of an agreement, as the object of a specific performance decree, are not sufficiently certain to make the precise act which is to be executed clearly ascertainable, so that their enforcement is difficult to be immediately compelled even in the United States of America, the country where the judgment was rendered (negative) [4] In cases where a foreign court entered a decree of payment of attorneys’ fees and legal costs of the suit, in addition to a decree of specific performance of obligation, the standard of determining whether to grant a judgment of execution on the decree of payment of attorneys’ fees and costs |
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