I.Significance

The Chinese court refused to recognize and enforce the Korean judgment on the grounds that the parties did not apply to the Chinese court within the time limit.

From this case, we can understand how Chinese courts treat the limitation of action in foreign judgment recognition and enforcement cases.

II.Case Overview

The applicant, Jin Zhimei (金知美), is a Chinese citizen, residing in Tumen, Jilin Province, China. And the respondent, Piao Yujing (朴玉静), is a Chinese citizen residing in Shenyang, Liaoning Province, China.

The respondent filed a lawsuit against the applicant in the Southern District Court of Seoul, South Korea (“South Korea Court”), and the applicant filed a counterclaim.

The South Korean Court rendered judgments 2013NA7306 and 2013NA7313 on November 14, 2013, and served the two judgments on the applicant and the respondent on November 29, 2013. The two judgments took effect on December 14, 2013.

On April 8, 2020, The applicant applied to the Shenyang Intermediate People’s Court (“Chinese Court”) for recognition and enforcement of the aforementioned judgment.

The Chinese court held that the date the applicant submitted the application has exceeded the time limit stipulated by the Chinese Civil Procedure Law. Therefore, the Chinese court ruled not to recognize and enforce the Korean judgment.