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| TITLE | Supreme Court Decision 2024Da315527, 315534 Decided June 12, 2025 【Return of Purchase Price; Purchase Price】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] In a case where a party to whom a favorable judgment has been rendered files a lawsuit on the same claim against the other party in the preceding lawsuit, whether there is a legally protected interest in the subsequent lawsuit (negative) Whether this likewise applies when a party to whom a favorable judgment, which meets the requirement for recognition under Article 217 of the Civil Procedure Act, has been rendered from a foreign court files a lawsuit on the same claim with a court in the Republic of Korea against the other party in the preceding lawsuit (affirmative) [2] Standards for determining whether the requirements of “mutual guarantee” under Article 217(1)4 of the Civil Procedure Act are met, and whether the requirements for recognition of a foreign judgment are met falls under the subject matter of the court’s ex officio investigation (affirmative) | |
