집행판결에 대한 국내 별소 제기의 적법성

Abstract

Upon the burgeoning economic relationships between countries, the transfer of products and currency has become further unrestricted. In that regard, it has been necessary to obtain the domestic enforcement judgment, according to the Civil Procedure Law, based upon the formerly obtained foreign judgment. However, it has been discussed whether the actual litigation may be brought forth without requiring the enforcement judgment, irrespective of the existence of the foreign judgment. Since the existence of the foreign judgment does not hinder from bringing the litigation to the court, it may be allowed to bring the litigation of which claim is as same as that of the previous foreign litigation, in domestic court; provided that the domestic court is required to prevent the inconsistency through the appropriate control of the litigation proceedings, upon the principle of res judicata. In addition, it has been discussed whether the litigation of pecuniary claim subsequent to the original claim is included within the scope of the previous foreign judgement. The litigation for the additional pecuniary claim shall be allowed since the actual review of the foreign judgment, including the aforementioned appropriate control, is not required.