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TITLE Supreme Court Decision 2012Meu66, 73 Decided February 15, 2013¡¼Divorce, Designation of Parental Right Holder and Custody Holder, Delivery of Child¡½ [full Text]
Summary
[1] The standard for finding a ¡°mutual guarantee¡± as required under Article 217 subparag. 4 of the Civil Procedure Act
[2] In case where Gap filed a divorce lawsuit against Eul at a court in Oregon, U.S.A., which resulted in the final judgment; and the issue is whether the U.S. judgment satisfies a ¡°mutual guarantee¡± element for the recognition of a foreign judgment, the case affirming the judgment below that the U.S. judgment satisfied a mutual guarantee element on the grounds that the recognition elements of Oregon do not demand more than the Korean Civil Procedure Act and do not differ substantially in major points
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