Applying the principle of reciprocity to recognize and enforce the judgments of foreign courts

Actively applying the principle of reciprocity to recognize and enforce the judgments of foreign courts

——Cui and Yin applied for recognition and enforcement of the judgment of the Korean court

[basic case]

On November 6, 2009, South Korean resident Yin borrowed 80 million won from Cui. Because Yin did not repay the loan, Cui sued the Suwon District Court of South Korea. On July 20, 2017, the Suwon District Court of South Korea made a judgment, ordering Yin to pay 80 million and interest to Cui. As Mr. Yin’s habitual residence is in Chengyang District, Qingdao City, and his main property is in China, Mr. Cui applied to the Qingdao intermediate people’s court for recognition and enforcement of the above judgment made by the Suwon District Court of South Korea.

[judgment result]

The Qingdao intermediate people’s court held that the Seoul District Court of South Korea once recognized the civil judgment of Weifang intermediate people’s Court of Shandong Province, and can recognize and enforce the qualified civil and commercial judgments of South Korean courts according to the principle of reciprocity. The Korean judgment involved in the case was served in accordance with the Korean civil procedure law, which has taken legal effect, and the recognition and enforcement of the judgment does not violate the basic principles of Chinese law or national sovereignty, security, social and public interests, so it was ruled to recognize and enforce it.

[typical meaning]

The application of the principle of reciprocity not only affects the recognition and enforcement of foreign judgments by the courts of a country, but also affects the recognition and enforcement of domestic judgments in foreign courts. Seoul District Court of South Korea once recognized a judgment of Weifang intermediate people’s Court of Shandong Province. The court stated in its judgment confirming the effective judgment of the Chinese court that if the Chinese court recognizes the judgment of the Chinese Court on the basis of reciprocity, but the Chinese court still refuses to recognize the judgment of the Korean Court on the ground that there is no reciprocal relationship, it will no longer maintain the reciprocal relationship between the two countries. Based on the principle of reciprocity, this case recognizes and implements the judgments of the Korean courts, actively maintains the mutually beneficial relationship, and promotes the recognition and implementation of judgments between the two countries, which plays a positive role in promoting economic and trade cooperation and exchanges between the two countries and enhancing the confidence of market participants in the “the Belt and Road”.